|Volume Number: 29
Category(s): STREETS AND HIGHWAYS
|Opinion Issued July 1, 2011|
|DIVISION OF HIGHWAYS|
Richelle K. Garlow, Attorney at Law, for Claimant.
Andrew F. Tarr, Attorney at Law, for Respondent.
| PER CURIAM:
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 or around May 24, 2007, Claimant was operating a motorcycle on WV Route 62 in or near Leon, Mason County, when he lost control of the vehicle.
2. Respondent is responsible for the maintenance of WV Route 62 in Mason County.
3. Claimant alleges that on the day of the accident, a portion of WV Route 62 was in disrepair, that the condition of the road caused his accident, and that Respondent either knew or should have known about the condition of the road at that location.
4. Respondent does not dispute the allegations contained in Paragraph 3 for the purpose of settlement of this claim.
5. Claimant was injured as a result of the accident and required medical treatment for his injuries.
6. Claimant and Respondent agree that an award in the amount of $30,000 payable to the Claimant is a fair and reasonable amount to settle this claim.
The Court has reviewed the facts of the claim and finds that the amount of the damages agreed to by the parties is fair and reasonable. Thus, the Court is of the opinion to and does make an award in the amount of $30,000.00.
Award of $30,000.00.