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West Virginia Court of Claims

Volume Number: 30
Opinion Issued November 26, 2013
     Rocco Mazzei, Attorney at Law, for Claimant.
     C. Brian Matko, Attorney at Law, for Respondent.
      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. The Claimant is the owner of a mobile home located on a certain parcel of property located in or near Clarksburg, West Virginia.
      2. Claimant has alleged that in the early morning of September 15, 2011, a large oak tree fell onto Claimant’s mobile home causing substantial damage to the mobile home, including the destruction and loss of two rooms, a bathroom and a hallway. Claimant has alleged that the oak tree was on Respondent’s right of way and that the tree was decayed. As such, Claimant alleges that the Respondent is liable for the damages to her mobile home. Claimant has sought Fifty Four Thousand Four Hundred Twelve Dollars ($54,412.00) in damages.
      3. The Respondent has denied liability in this matter and has asserted that the oak tree was felled as a result of a particularly strong storm.
      4. Both the Claimant and the Respondent believe that in this particular incident and under these particular circumstances that an award of Eight Thousand Dollars and 00/100 cents ($8,000.00) would be a fair and reasonable amount to settle Claimant’s claim for damages.
      5. The parties to this claim agree that the total sum of Eight Thousand Dollars and 00/100 ($8,000.00) to be paid by Respondent to the Claimant in Claim No. CC-11-0649 will be a full and complete settlement, compromise and resolution of all matters in controversy in said claim and full and complete satisfaction of any and all past and future claims Claimant may have against Respondent arising from the matters described in said claim.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of said right-of-way 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 $8,000.00 in this claim.
      Award of $8,000.00.

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