OPINION ISSUED DECEMBER 20, 2000
RUSSELL S. GARRETT
VS.
DIVISION OF HIGHWAYS
(CC-99-226)
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Claimant appeared pro se.
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Andrew F. Tarr, Attorney at Law, for respondent.
PER CURIAM:
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This claim was submitted to the Courtfor decision upon a
Stipulation entered into by claimant and respondent wherein certain
facts and circumstances of the claim were agreed to as follows:
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1. On May 25, 1999, at approximately 5:00 p.m. claimant and
his wife were traveling in his vehicle on Route 19, near Shinnston,
Harrison County. Claimant had driven his vehicle to a gravel lot
on the side of the road in order to make a telephone call. As
claimant drove the vehicle back onto the road, it struck I-beams
that were hidden in nearby vegetation on the side of the road.
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2. On the date in question, respondent was responsible for
the maintenance of Route 19 in Harrison County and was aware of
I-beams on the edge of the road surface.
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4. As a result of this incident, claimant's vehicle sustained
damage. The sustained damage was in the amount of $372.12.
5. Respondent agrees that the amount of damages as put forth
by the claimant is fair and reasonable.
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The Court has reviewed the facts of the claim and finds that
respondent was negligent in its maintenance of Route 19 in Harrison
County on the date of claimant's 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 sustained loss.
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Accordingly, the Court is of the opinion to and does make an
award in the amount of $372.12.
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Award of $372.12.
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