OPINION ISSUED OCTOBER 19, 1999
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon a
Stipulation entered into by claimant and respondent wherein certain
facts and circumstances of the claim were set forth as follows:
1. On June 25, 1999, claimant was traveling southbound on
Route 250 when claimant was directed to pull over by a member of
the WV State Police. When claimant drove his vehicle to the side
of the road, both tires on the vehicle's passenger side were sliced
open by a cut-off road sign post which was about four and a half
2. As a result of this incident, claimant's vehicle sustained
damage in the sum of $216.24.
3. Respondent owns and maintains Route 250 in Mineral County
and on the date of the incident herein, respondent failed to
maintain Route 250 in Mineral County in a reasonably safe
5. Respondent agrees that the amount of damages as put forth
by claimant is fair and reasonable.
The Court has reviewed the facts of the claim as stated in the
Stipulation, and adopts the statement of facts as its own. The
Court finds that respondent was negligent in its maintenance of
Route 250 on the date of claimant's incident; that the negligence
of respondent was the proximate cause of the damages sustained to
claimant's vehicle; and that the amount of the damages agreed to by
the parties is fair and reasonable. Accordingly, the Court makes
an award in the amount of $216.24 to claimant.
Award of $216.24.