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West Virginia Court of Claims

Volume Number: 29
Category(s): FALLING ROCKS AND ROCKS
Opinion Issued April 5, 2013
DAVID SELLERS JR. AND ZANGELEIA SELLERS
VS.
DIVISION OF HIGHWAYS
(CC-12-0050)
     Claimants appeared pro se.
     Travis Ellison III, Attorney at Law, for Respondent.
     PER CURIAM:
      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 follows:
      1. On January 16, 2012, the Claimants, David and Zangeleia Sellers, were traveling along Interstate 79 near Weston, Lewis County, when their 2008 Suzuki SX4 struck a large rock in the travel portion of the road.
      2. Respondent was responsible for the maintenance of Interstate 79, which it failed to maintain properly on the date of this incident.
      3. As a result of this incident, Claimants’ vehicle sustained damage in the amount of $250.00.
      4. The Court finds that the amount of $250.00 is fair and reasonable.
      5. At the hearing, the Court requested a copy of Claimants’ insurance declarations in order to continue processing Claimants’ claim. However, Claimants have not submitted the requested documentation.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Interstate 79 on the date of this incident; and that the negligence of Respondent was the proximate cause of the damages sustained to Claimants’ vehicle. However, Claimants may not make a recovery in this claim because Claimants have failed to provide the Court with a copy of their insurance declarations.
      Based on the foregoing, the Court is of the opinion to, and does hereby, deny Claimants’ claim.
      Claim disallowed.
Summary:
     


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