| Volume Number: 30
Category(s): STREETS AND HIGHWAYS, STIPULATED CLAIMS |
|
| Opinion Issued December 18, 2014 | |
| LAMAR MOSLEY | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-0680) | |
|
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. On January 29, 2014, the Claimant, Lamar Mosley, was traveling along MacCorkle Avenue in South Charleston, Kanawha County, when his 1995 Cadillac Fleetwood struck a large hole in the travel portion of the road. 2. Respondent was responsible for the maintenance of MacCorkle Avenue, which it failed to maintain properly on the date of this incident. 3. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $900.00. Since Claimant has liability insurance only, Claimant may recover the full amount of his damages. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of MacCorkle Avenue on the date of this incident; 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. It is the opinion of the Court of Claims that the Claimant may make a recovery of $900.00 which is the amount of the award made by the Court. Award of $900.00. |
|
| Summary: |
Webmaster | © 2024 West Virginia Legislature **