| Volume Number: 29
Category(s): BERMS |
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| Opinion Issued October 26, 2011 | |
| BEVERLY SANDERS | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-09-0476) | |
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Claimant appeared pro se. Andrew F. Tarr, 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 July 23, 2009, Claimant’s 2002 Pontiac Grand Am struck a hole in the road on I-64 West near Teays Valley, Putnam County. 2. Respondent is responsible for the maintenance of I-64 which it failed to maintain properly on the date of this incident. 3. As a result, Claimant’s vehicle sustained damage to the passenger side wheels and tires in the amount of $1,428.71. Claimant’s insurance deductible was $1,000.00. 4. Respondent agrees that the amount of $1,000.00 for the deductible 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 I-64on 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 damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for her loss. It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $1,000.00 on this claim. Award of $1,000.00. |
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| Summary: |
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