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West Virginia Court of Claims

Volume Number: 29
Category(s): STREETS AND HIGHWAYS
Opinion Issued February 14, 2013
KEITH CHRISTIAN AND FELICIA CHRISTIAN ROBERTS
VS.
DIVISION OF HIGHWAYS
(CC-09-0433)
     Cecil C. Varney, Attorney at Law, for Claimants.
     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 Claimants, Keith Christian and Felicia Christian Roberts, and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. Respondent is responsible for the maintenance of the portion of U.S. Route 52 in Mingo County, West Virginia, where Felicia Christian Roberts’ (formerly known as Felicia Christian) accident occurred.
      2. On or around May 10, 2009, Felicia Christian Roberts was driving her motor vehicle north on U.S. Route 52 in or near the community of Pie in Mingo County, West Virginia, when she drove into a mudslide that covered both sides of the road.
      3. Claimants allege that Respondent had placed no warning lights, caution lights or any other form of notice concerning the mudslide even though the slide had occurred several hours prior to the Claimant’s accident.
      4. Under the specific facts and circumstances of this claim and for purposes of settlement of said claim, Respondent does not dispute the allegations contained in Paragraph 3 of this stipulation.
      5. As a result of the accident, Felicia Christian Roberts suffered injuries requiring medical treatment and suffered the loss of her motor vehicle.
      6. Keith Christian, who is the father of Felicia Christian Roberts, waives any claim for damages arising out of the accident in this case.
      7. All settlement money to be awarded in this claim is to be awarded to Felicia Christian Roberts.
      8. Both the Claimants and Respondent agree that in this particular incident and under these particular circumstances that an award of Eighteen Thousand Dollars ($18,000.00) would be a fair and reasonable amount to settle this claim.
      9. The parties to this claim agree that the total sum of Eighteen Thousand Dollars ($18,000.00) to be paid by Respondent to Felicia Christian Roberts in Claim No. CC-09-0433 will be a full and complete settlement, compromise and resolution of all matters in controversy in said claim and full and complete satisfaction of any and all past and future claims Claimants may have against Respondent arising from the matters described in said claim.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of U.S. Route 52 on the date of this 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, Claimant Felicia Christian Roberts may make a recovery for her loss.
      Accordingly, the Court is of the opinion to and does make an award to the Claimant Felicia Christian Roberts in the amount of $18,000.00.
      Award of $18,000.00 to Felicia Christian Roberts.
Summary:
     


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