Beller v. Division of Highways

26 Ct. Cl. 83

• Court: West Virginia Court of Claims
• Decided: September 28, 2006
• Docket: CC-04-291
• Status: Published

Opinion

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 April 19, 2004, claimant was a passenger in a vehicle operated by Ronnie Lee Williams traveling on County Route 3/4 in Raleigh County, when they were involved in an accident along County Route 3/4.

2. Respondent was responsible for the maintenance of County Route 3/4, which it was found to have failed to maintain properly on the date of this incident in a separate action styled Ronnie Lee Williams and Tina Williams vs. Division of Highways, (CC-04-278).

3. As a result of this incident, claimant and respondent have agreed to settle this claim for the total sum of twelve thousand five hundred dollars ($12,500.00) for the claimant’s out-of-pocket medical expenses and for pain and suffering claimant incurred as a result of injuries he suffered in this accident.

The Court has reviewed the facts of the claim and finds that respondent was negligent in its maintenance of County Route 3/4 on the date of this incident; that the negligence of respondent was the proximate cause of the damages sustained by claimant; and that the amount of the damages agreed to by the parties is fair and reasonable. Thus, claimant may make a recovery for his loss.

Accordingly, the Court is of the opinion to and does make an award in the amount of $12,500.00.

Award of $12,500.00.