OPINION ISSUED DECEMBER 20, 2000
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Cour for decision upon a
Stipulation entered into by the parties wherein certain facts and
circumstances of the claim were agreed to as follows:
1. On August 5, 1998, claimant was traveling westbound in his
vehicle on Route 67 McKinleyville, Brooke County. Claimant drove
his vehicle onto the berm of the road and the tire of the vehicle
struck a broken sign post stub.
2. On the date in question, respondent was responsible for
the maintenance of Route 67 in Brooke County and was aware of the
broken sign post stub on the berm.
4. As a result of this incident, the vehicle tire burst. The
sustained damage was in the amount of $95.85.
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 and finds that
respondent was negligent in its maintenance of Route 67 in Brooke
County on the date of claimant's incident; that the negligence of
the 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 $95.85.
Award of $95.85.