
    
      OPINION ISSUED SEPTEMBER 11, 2007
    
    LARRY RAY BENNETT, as Administrator of the Estate of Barbara Rosclea Bennett VS. DIVISION OF HIGHWAYS
    (CC-02-294)
    Letisha R. Bika, Attorney at Law, for claimant.
    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 January 20, 2001, decedent, Barbara Rosclea Bennett, was killed while traveling on County Route 9, near Wilsie, Braxton County, when her vehicle went out of control and into a rain swollen creek along County Route 9.

2. Claimant alleged that the portion of County Route 9 where the accident occurred was in an icy condition and that respondent had not properly treated the area prior to Ms. Bennett’s accident.

3. Respondent was responsible for the maintenance of County Route 9 which it failed to maintain properly on the date of this incident.

4. Claimant and respondent agrees that the amount of $37,000.00 is a fair and reasonable amount to settle this claim.

The Court has reviewed the facts of the claim and finds that respondent was negligent in its maintenance of County Route 9 on the date of this incident; that the negligence of respondent was the proximate cause of the decedent’s accident; 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 $37,000.00.

Award of $37,000.00.  