| Volume Number: 30
Category(s): DRAINS AND SEWERS, DAMAGES,NEGLIGENCE,STIPULATED CLAIMS |
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| Opinion Issued February 24, 2014 | |
| JAMES M. MONK | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-09-0399) | |
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Claimant 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 Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows: 1. The Claimant, James M. Monk, owner of property situated at 610 Clearview Heights, Charleston, Kanawha County, brought this claim and alleges that the Respondent created and negligently failed to correct a retaining wall issue on Claimant’s property which caused and is still causing continuing damage to his property as well as damage to his residence. 2. Respondent was responsible for ensuring that Claimant’s property did not become damaged by taking appropriate measures based on accepted highway engineering standards. 3. As a result of this incident, Claimant estimates his damages to be in excess of $60,000.00. 4. Both parties agree that the amount of $32,000.00 is a fair and reasonable amount with which to settle this claim. 5. The Court finds that the amount of $32,000.00 is fair and reasonable. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of its right of way adjacent to Claimant’s property; 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 in this claim. It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $32,000.00 in this claim. Award of $32,000.00. |
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| Summary: |
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