
    
      OPINION ISSUED JANUARY 18, 2011
    
    TYLER R. DAVIS AND SANDRA TOLER V. DIVISION OF HIGHWAYS
    (CC-09-0347)
    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 or around June 26,2010, Claimants 2002 Toyota Sequoia stuck a hole while traveling on Kopperston Mountain in Pineville in Wyoming County.

2. Respondent is responsible for the maintenance of Kopperston Mountain Road which it failed to maintain properly on the date of this incident.

3. As a result, Claimants vehicle sustained damage to its tires and rims in the amount of $600.57. Claimants held liability insurance only at the time of the incident.

4. Respondent agrees that the amount of $600.57 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 Kopperson Mountain Road on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimants vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimants may make a recovery for this loss.

It is the opinion of the Court of Claims that the Claimants should be awarded the sum of $600.57 on this claim.

Award of $600.57.  