
    
      OPINION ISSUED AUGUST 16, 2001
    JAMES D. COX VS. DIVISION OF HIGHWAYS
    (CC-99-247)
    Claimant appeared pro se.
    
    
      Xueyan Zhang, 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 the morning of June 8,1999, claimant was driving his vehicle on Yeager Airport Road and he had just passed Eagle Mountain Road when his vehicle went into a deep depression in the road where a culvert had been replaced.

2. On the date in question, respondent was responsible for the maintenance of Yeager Airport Road in Kanawha County; it was aware that the culvert had been replaced; and it also was aware that settlement could occur leaving a depressed area in the road.

3. As a resultof this incident, claimant’s Subaru Forester had to be realigned, and all four tires re-balanced and rotated. The sustained damage was in the amount of $91.63.

4. Respondent agrees that the amount of damages as 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 Yeager Airport Road in Kanawha County on 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 the damages agreed to by the parties is fair and reasonable. Thus, claimant may make a recovery for his sustained loss.

Accordingly, the Court is of the opinion to and does make an award in the amount of $91.63.

Award of $91.63.  