|Volume Number: 30
Category(s): STIPULATED CLAIMS
|Opinion Issued August 27, 2013|
|KASEY A. TUCKER AND BENJAMIN E. CARPENTER|
|DIVISION OF HIGHWAYS|
Claimants 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 Claimants and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
1. On September 1, 2012, Claimant Kasey A. Tucker was traveling along Old Kanawha Turnpike near South Charleston, Kanawha County, when her 2010 Kia Forte struck a large hole in the travel portion of the road.
2. Respondent was responsible for the maintenance of Old Kanawha Turnpike, 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 $765.10. The Claimants’ collision insurance requires a $500.00 deductible amount; therefore, Claimants are limited to an award in that amount.
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 Old Kanawha Turnpike 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.