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West Virginia Court of Claims

Volume Number: 29
Category(s): STREETS AND HIGHWAYS
Opinion Issued April 5, 2013
CHERIE EDWARDS
VS.
DIVISION OF HIGHWAYS
(CC-12-0249)
     Claimant appeared pro se.
     Michael J. Folio, 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 April 7, 2012, the Claimant, Cherie Edwards, was traveling along U.S. Route 52 near Huntington, Cabell County, when her 2008 Mini Cooper struck a large hole in the travel portion of the road.
      2. Respondent was responsible for the maintenance of U.S. Route 52, which it failed to maintain properly on the date of this incident.
      3. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $475.00. The Claimant’s collision insurance requires a $500.00 deductible amount; therefore, no limitation applies to the Claimant’s award.
      4. The Court finds that the amount of $475.00 is fair and reasonable.
      5. At the hearing the Court requested a copy of Claimant’s insurance declarations in order to continue processing Claimant’s claim. However, Claimant has not submitted the requested documentation.
      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; and that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s vehicle. However, Claimant may not make a recovery in this claim because Claimant has failed to provide the Court with a copy of her insurance declarations.
      Based on the foregoing, the Court is of the opinion to, and does hereby, deny Claimant’s claim.
      Claim disallowed.
Summary:
     


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