| Volume Number: 30
Category(s): STREETS AND HIGHWAYS, BERMS,STIPULATED CLAIMS |
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| Opinion Issued June 15, 2015 | |
| SHANE A. WILSON | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-1633) | |
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Claimant appeared pro se. S. Anita Valentino, 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. On October 10, 2014, Claimant was traveling on Trace Fork Road in South Charleston, Kanawha County, when his vehicle struck a large ditch in the travel portion of the roadway, causing damage to the front end. Claimant stated that the area was undergoing road construction, and the sign warning of rough road was not placed a sufficient distance ahead to alert travelers of the ditch. 2. Respondent is responsible for the maintenance of this area, which it failed to maintain properly on the date of this incident. 3. As a result, Claimant’s vehicle sustained damage in the amount of $1,130.90. Claimant’s insurance deductible was $250.00 at the time of the incident. 4. Respondent agrees that the amount of $250.00 for the damages put forth by the Claimant is fair and reasonable. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Trace Fork Road 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 the 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 $250.00. Award of $250.00. |
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| Summary: |
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