OPINION ISSUED AUGUST 24, 2000
DON K. BALL
DIVISION OF HIGHWAYS
Bradley H. Layne, Attorney at Law, for claimant.
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 agreed to as follows:
1. On April 6, 1999, claimant was traveling eastbound on U.S.
Route 33, near Letart in Mason County, when a rock fell from the
hillside beside the road, striking claimant's vehicle, causing
claimant to lose control whereupon he drove into the ditch line.
2. Respondent is responsible for the maintenance of U.S.
Route 33 in Mason County.
3. Respondent was aware that the area in question was in a
known rock fall area and failed to provide warning devices at this
location for the traveling public.
4. As a result of this incident, claimant's vehicle sustained
damage in the amount of $7,513.24. However, claimant has agreed to
settle and relinquish this claim for the amount of $5,000.00.
5. Respondent agrees that the amount of damages as put forth
by the 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
U.S. Route 33 in Mason County 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. Thus,
claimant may make a recovery for his sustained loss.
Accordingly, the Court is of the opinion to and does make an
award in the amount of $5,000.00.
Award of $5,000.00.