| Volume Number: 30
Category(s): STREETS AND HIGHWAYS, STIPULATED CLAIMS |
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| Opinion Issued June 15, 2015 | |
| DAVID MAXSON AND KIM A. MAXSON | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-1619) | |
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Claimant Kim A. Maxson 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 Claimants and Respondent wherein certain facts and circumstances of the claim were agreed to as follows: 1. On June 9, 2014, Claimants’ daughter was traveling on Sleepy Hollow Road in Hurricane, Putnam County, when Claimants’ vehicle struck a hole in the travel portion of the roadway, causing damage to the tires and rims. At the hearing, Claimants had not yet provided this Court with a copy of their insurance declarations page, and were instructed to do so within 30 days. Claimants have timely provided the documentation. 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, Claimants’ vehicle sustained damage in the amount of $1,107.58, which included $78.86 for a tire protection plan. Claimants carried only liability insurance on this vehicle at the time of the incident. 4. Respondent agrees that the amount of $1,028.72, the total repair cost less the tire protection plan, is fair and reasonable for the damages put forth by the Claimants. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Sleepy Hollow 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 the damages agreed to by the parties is fair and reasonable. Thus, Claimants may make a recovery for their loss. Accordingly, the Court is of the opinion to and does make an award to the Claimants in the amount of $1,028.72. Award of $1,028.72. |
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| Summary: |
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