Null v. Division of Highways
This text of 26 Ct. Cl. 98 (Null v. Division of Highways) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 November 17,2001, claimant was walking across 21st Street in Nitro, Kanawha County, when she fell due to a crack in the road.
2. Respondent was responsible for the maintenance of 21st Street in Nitro, which it failed to maintain properly on the date of this incident.
3. As a result of this incident, the claimant suffered injuries that required medical treatment.
4. Claimant and respondent have agreed to settle this claim for the total sum of Thirteen Thousand Dollars ($13,000.00).
The Court has reviewed the facts of the claim and finds that respondent was [99]*99negligent in its maintenance of 21st Street in Nitro 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 her loss.
Accordingly, the Court is of the opinion to and does make an award in the amount of $13,000.00.
Award of $13,000.00.
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26 Ct. Cl. 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/null-v-division-of-highways-wvctcl-2006.