Bird v. Division of Highways

26 Ct. Cl. 74

• Court: West Virginia Court of Claims
• Decided: July 31, 2006
• Docket: CC-04-232
• 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 4, 2004, claimant and her parents were traveling on the Amandaville Bridge in Kanawha County when their vehicle struck a hole in the road damaging a tire and rim.

2. Respondent was responsible for the maintenance of the Amandaville Bridge, which it failed to maintain properly on the date of this incident.

3. As a result of this incident, the vehicle sustained damage in the amount of $662.35. The insurance deductible was $250.00.

4. Respondent agrees that the amount of $250.00 for the damages put forth by the claimants is fair and reasonable.

The Court has reviewed the facts of the claim and finds that respondent was negligent in its maintenance of the Amandaville Bridge on the date of this incident; that the negligence of respondent was the proximate cause of the damages sustained to the vehicle; and that the amount of the damages agreed to by the parties is fair and reasonable. Thus, claimant, as Administratrix of the Estate, may make a recovery for this loss.

Accordingly, the Court is of the opinion to and does make an award in the amount of $250.00.

Award of $250.00.