|Volume Number: 30
Category(s): STIPULATED CLAIMS
|Opinion Issued July 3, 2013|
|DAVID A. NOSS|
|DIVISION OF HIGHWAYS|
Claimant 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 and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
1. On April 27, 2012, the Claimant, David A. Noss, was traveling along Davisson Run Road Clarksburg, Harrison County, when his 2005 Dodge Grand Caravan struck an improperly sloped portion of the roadway.
2. Respondent was responsible for the maintenance of Davisson Run Road 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 $118.78. The Claimant’s collision insurance requires a $250.00 deductible amount; therefore, no limitation applies to the Claimant’s award.
4. The Court finds that the amount of $118.78 is fair and reasonable.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Davisson Run Road on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for the damage.
It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $118.78 in this claim.
Award of $118.78.