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West Virginia Court of Claims

Volume Number: 30
Category(s): STIPULATED CLAIMS
Opinion Issued February 4, 2014
DALE GOMBARCIK
VS.
DIVISION OF HIGHWAYS
(12-0314)
     Claimant appeared pro se.
     C. Brian Matko, 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 21, 2012, the Claimant, Dale Gombarcik, was traveling along I-79 near Quiet Dell, Harrison County when his 2008 Ford Taurus struck a large hole 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 $167.00. The Claimant carried a $100.00 collision insurance deductible amount on the date of the incident; therefore, Claimant is limited to an award in the amount of his deductible.
      4. The Court finds that the amount of $161.60 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 $161.60 in this claim.
      Award of $161.60.
     
Summary:
     


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