IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA


AMANDA BELL

VS.

DIVISION OF HIGHWAYS

(CC-01-375)



Eric M. Gordon, Attorney at Law, for claimant.

Andrew Tarr, 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 October 12, 1999, claimant was crossing Alternate Route 2, also known as Main Street, near its intersection with 14^th Street in Wheeling, Ohio County, when she stepped into a hole causing her to fall.
2. Respondent was responsible for the maintenance of Alternate Route 2, in Wheeling, Ohio County and respondent failed to maintain properly Alternate Route 2 on the date of this incident.
3. As a result of this incident, claimant was injured and incurred medical bills in the amount of $614.50.
4. Respondent agrees that the amount of $614.50 for medical bills as put forth by the claimant is fair and reasonable. In addition, respondent has stipulated that claimant be paid $885.50 for pain and suffering.
The Court has reviewed the facts of the claim and finds that respondent was negligent in its maintenance of Alternate Route 2 in Ohio County on the date of this incident; that the negligence of respondent was the proximate cause of claimant's injuries; and that the amount of the damages agreed to by the parties is fair and reasonable. Thus, claimant may make a recovery for her loss.
Accordingly, the Court is of the opinion to and does make an award in the amount of $1,500.00.
Award of $1,500.00.