Volume Number: 30
Category(s): STREETS AND HIGHWAYS, STIPULATED CLAIMS |
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Opinion Issued January 29, 2014 | |
THOMAS D. WILLIS AND DUSTY WILLIS | |
VS. | |
DIVISION OF HIGHWAYS | |
(CC-13-0076) | |
Claimants appeared pro se. C. Brian Matko, Attorney at Law, for Respondent. |
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PER CURIAM:
This claim was submitted to the Court for decision upon a Stipulation entered into by Claimants and Respondent wherein certain facts and circumstances of the claim were agreed to as follows: 1. On January 30, 2013, the Claimants, Thomas and Dusty Willis, were traveling along County Route 19/2 near Enterprise, Harrison County, when their 2008 Hyundai Accent struck a large hole in the travel portion of the road. 2. Respondent was responsible for the maintenance of County Route 19/2, which it failed to maintain properly on the date of this incident. 3. As a result of this incident, Claimants’ vehicle sustained damage in the amount of $767.34. The Claimants carried a $250.00 collision deductible amount on the date of the incident; therefore, Claimants are limited to an award in the amount of their deductible. 4. The Court finds that the amount of $250.00 is fair and reasonable. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of County Route 19/2 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimants’ vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimants may make a recovery for the damage. It is the opinion of the Court of Claims that the Claimants should be awarded the sum of $250.00 in this claim. Award of $250.00. |
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Summary: |