OPINION ISSUED AUGUST 24, 2000
KENNETH L. BAKER
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Xueyan Zhang, 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 July 19, 1999, claimant was traveling in his vehicle on
Waterloo Road near Leon, Mason County, when his vehicle struck a
washed out portion of the berm, causing damage to his vehicle.
2. Respondent is responsible for the maintenance of Waterloo
Road in Mason County.
3. Respondent was aware that the berm was in a state of
disrepair and failed to provide warning devices at the location of
the hole for the traveling public.
4. As a result of this incident, claimant's vehicle sustained
damage in the amount of $354.30. 5. Respondent agrees that the
amount of damages as put forth by the claimant is fair and
The Court has reviewed the facts of the claim and finds that
respondent was negligent in its maintenance of Waterloo Road 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 $354.30.
Award of $354.30.