|Volume Number: 30
Category(s): STIPULATED CLAIMS
|Opinion Issued January 29, 2014|
|HAROLD F. LIPSCOMB|
|DIVISION OF HIGHWAYS|
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. During a time period spanning from November 2011 to March 2012, the Claimant, Harold Lipscomb, was traveled along Route 73 near Bruceton Mills, Preston County, where his 2000 Ford F-150 struck numerous holes in the travel portion of the road.
2. Respondent was responsible for the maintenance of Route 73, which it failed to maintain properly on the dates surrounding these incidences.
3. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $600.00. The Claimant carried only liability insurance during the dates in question; therefore, no limitation applies to the Claimant’s award.
4. The Court finds that the amount of $600.00 is fair and reasonable.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Route 73 on the dates in question; 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 $600.00 in this claim.
Award of $600.00.