OPINION ISSUED DECEMBER 20, 2000
DONALD L. BENNINGER AND CAROL M. BENNINGER
VS.
DIVISION OF HIGHWAYS
(CC-99-400)
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Claimant appeared pro se.
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Xueyan Zhang, Attorney at Law, for respondent.
PER CURIAM:
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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:
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1. On March 11, 1998, at approximately 4:00 p.m. claimant
Carol M. Benninger was traveling in her vehicle on Route 19 in
Clarksburg, Harrison County. As she proceeded along the road, her
vehicle struck a line of holes in the road surface.
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2. On the date in question, respondent was responsible for
the maintenance of Route 19 in Clarksburg, Harrison County and its
employees were aware of the condition of the road.
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4. As a result of this incident, the front passenger tire
burst and necessitated alignment of the vehicle. The sustained
damage was in the amount of $150.52.
5. Respondent agrees that the amount of damages as put forth
by claimants 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
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 sustained loss.
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Accordingly, the Court is of the opinion to and does make an
award in the amount of $150.52.
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Award of $150.52.
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