OPINION ISSUED DECEMBER 20, 2000
DONALD L. BENNINGER AND CAROL M. BENNINGER
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 claimants and respondent wherein
certain facts and circumstances of the claim were agreed to as
1. On March 11, 1998, at approximately 4:00 p.m. claimant
Carol M. Benninger was traveling in her vehicle on Route 19 in
Clarksburg, Harrison County. As she proceeded along the road, her
vehicle struck a line of holes in the road surface.
2. On the date in question, respondent was responsible for
the maintenance of Route 19 in Clarksburg, Harrison County and its
employees were aware of the condition of the road.
4. As a result of this incident, the front passenger tire
burst and necessitated alignment of the vehicle. The sustained
damage was in the amount of $150.52.
5. Respondent agrees that the amount of damages as put forth
by claimants is fair and reasonable.
The Court has reviewed the facts of the claim and finds that
respondent was negligent in its maintenance of Route 19 in Harrison
County on the date of claimant's incident; that the negligence of
respondent was the proximate cause of the damages sustained to
claimants' vehicle; and that the amount of the damages agreed to by
the parties is fair and reasonable. Thus, claimants may make a
recovery for their sustained loss.
Accordingly, the Court is of the opinion to and does make an
award in the amount of $150.52.
Award of $150.52.