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West Virginia Court of Claims

Volume Number: 30
Opinion Issued February 5, 2014
     Harry F. Bell Jr. and Jonathan W. Price, Attorneys at Law, for Claimant.
     Michael J. Folio, 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 Respondent owns certain real property situate at the southern end of the Patrick Street Bridge in Charleston, West Virginia (“Property”).
      2. On or about June 21, 2011, the Claimant was riding his bicycle across the Property.
      3. While riding his bicycle across the Property, the Claimant struck a deep hole concealed by weeds and grass that had overgrown it. The hole trapped the front wheel of the Claimant’s bicycle, and the Claimant was thrown to the ground and injured.
      4. As a result of the Claimant’s injuries, the Claimant sustained damages in excess of $25,000.00.
      5. Based on the parties’investigation, the parties to this claim agree that the total sum of Twenty-Five Thousand Dollars ($25,000.00) to be paid by to be paid Respondent to the Claimant in this claim will be a full and complete settlement; a compromise and resolution of all matters in controversy between the parties; and a full and complete satisfaction of any and all claims that the Claimant may have against the 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 the Property on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant; 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 $25,000.00 in this claim.
      Award of $25,000.00.

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