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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): STREETS AND HIGHWAYS, STIPULATED CLAIMS
Opinion Issued June 15, 2015
CHARLES M. DICATALDO
VS.
DIVISION OF HIGHWAYS
(CC-14-1599)
     Claimant appeared pro se.
     S. Anita Valentino, 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 December 8, 2014, the Claimant, Charles M. DiCataldo, was traveling along Riverview Drive near Tornado, Kanawha County, when his 2015 Hyundai Genesis struck a large hole in the travel portion of the road.
      2. Respondent was responsible for the maintenance of Riverview Drive, 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 $232.73. The Claimant’s collision insurance requires a $500.00 deductible amount; therefore, no limitation applies to the Claimant’s award.
      4. The Court finds that the amount of $232.73 is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Riverview Drive 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. Thus, Claimant may make a recovery for his loss.
      Accordingly, the Court is of the opinion to and does make an award to the Claimant in the amount of $232.73.
      Award of $232.73.
Summary:
     


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