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West Virginia Court of Claims

Volume Number: 29
Category(s): BERMS
Opinion Issued October 26, 2011
     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 agreed to as follows:
      1. On October 21, 2009, Claimant’s 2009 Pontiac G5 struck a hole in the road on WV Route 152, locally designated 5th Street, in Huntington, Cabell County.
      2. Respondent is responsible for the maintenance of WV Route 152 which it failed to maintain properly on the date of this incident.
      3. As a result, Claimant’s vehicle sustained damage to two tires and wheels in the amount of $773.01. Claimant’s insurance deductible was $500.00.
      4. Respondent agrees that the amount of $500.00 for the deductible 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 152 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for her loss.
      It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $500.00 on this claim.
      Award of $500.00.

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