| Volume Number: 30
Category(s): STIPULATED CLAIMS |
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| Opinion Issued August 27, 2013 | |
| SANDRA BURDETTE | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-13-0150) | |
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Claimant appeared pro se. Andrew F. Tarr, Attorney at Law, for Respondent. |
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| 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 March 19, 2013, the Claimant, Sandra Burdette, was traveling along I-79 near Charleston, Kanawha County, when her 2013 Toyota Camry struck a foreign object in the travel portion of the road. 2. Respondent was responsible for the maintenance of I-79, 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 $1,254.44. The Claimant’s collision insurance deductible amount is $250.00; therefore, Claimant is limited to a recovery in that amount. 4. The Court finds that the amount of $250.00 is fair and reasonable. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of I-79 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 $250.00 in this claim. Award of $250.00. |
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| Summary: |
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