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West Virginia Court of Claims

Volume Number: 30
Category(s): STIPULATED CLAIMS
Opinion Issued August 27, 2013
WILLIAM TONEY
VS.
DIVISION OF HIGHWAYS
(CC-12-0561)
     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 August 7, 2012, the Claimant, William Toney, was traveling along W. Va. Route 62 near Rock Branch, Putnam County, when his 2009 Suzuki M50 struck a large crack in the travel portion of the road.
      2. Respondent was responsible for the maintenance of W. Va. Route 62, 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 $2,251.69. The Claimant carried liability insurance only on the date of the incident; therefore, no limitation applies to the Claimant’s award.
      4. The Court finds that the amount of $2,251.69 is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of W. Va. Route 62 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 $2,251.69 in this claim.
      Award of $2,251.69.
     
Summary:
     


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