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West Virginia Court of Claims

Volume Number: 30
Category(s): STIPULATED CLAIMS
Opinion Issued July 3, 2013
CHARLOTTE KEATON AND BASIL KEATON
VS.
DIVISION OF HIGHWAYS
(CC-12-0503)
     Claimant Charlotte Keaton appeared pro se.
     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 Charlotte Keaton and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. In March 2012, Claimant Charlotte Keaton was traveling along Route 26/3 near Hinton, Summers County, when her 2004 Oldsmobile Alero struck numerous road defects in the travel portion of the road.
      2. Respondent was responsible for the maintenance of Route 26/3, 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 $1,176.00. The Claimants’ collision insurance requires a $500.00 deductible amount; therefore, Claimant is limited to an award in the amount of their deductible.
      4. The Court finds that the amount of $500.00 is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Route 26/3 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 damages agreed to by the parties is fair and reasonable. Thus, Claimants may make a recovery for the damage.
      It is the opinion of the Court of Claims that the Claimants should be awarded the sum of $500.00 in this claim.
      Award of $500.00.
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
Summary:
     


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