
    
      OPINION ISSUED JANUARY 18, 2011
    
    PHILLIP AND MARGARET ARABIA V. DIVISION OF HIGHWAYS
    (CC-10-0055)
    Claimants appeared pro se.
    
    Andrew F. Tarr, 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 December 11,2009, Claimant’s 1998 Dodge Neon struck rocks from a rock fall on the mountainside of Route 119 in Roane County.

2. Respondent is responsible for the maintenance of Route 119 which it failed to maintain properly on the date of this incident. Respondent was aware that this area was in fact a rock fall prone area but did not have rock fall signs up at the location where this accident occurred.

3. As a result, Claimant’s vehicle sustained damage in the amount of $1,300.00 totaling the vehicle. Claimant’s insurance deductible was $500.00 at the time of the incident but also incurred the expense of $120.00 for towing the vehicle from the scene. 4. Respondent agrees that the amount of $620.00 for the damages 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 Route 119 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 damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for the loss.

It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $620.00 on this claim.

Award of $620.00.  