| Volume Number: 30
Category(s): STREETS AND HIGHWAYS, STIPULATED CLAIMS |
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| Opinion Issued August 19, 2014 | |
| RALPH THOMAS AND MARY JANE THOMAS | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-0057) | |
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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 Claimants and Respondent wherein certain facts and circumstances of the claim were agreed to as follows: 1. On January 14, 2014, Ralph and Mary Jane Thomas’s 2005 Ford Focus became damaged as a result of an incident on Campbell Run Road near Jacksonburg, Wetzel County. 2. Respondent was responsible for the maintenance of Campbell Run Road, 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 $1,454.54. The Claimants carried a $1,000.00 collision insurance deductible amount on the date of the incident; therefore, Claimants are limited to an award in the amount of $1,000.00. 4. The Court finds that the amount of $1,000.00 is fair and reasonable. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Campbell Run Road 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 $1,000.00 in this claim. Award of $1,000.00. |
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| Summary: |
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