
    
      OPINION ISSUED DECEMBER 12, 2002
    
      JUANITA M. MCQUAIN VS. DIVISION OF HIGHWAYS
    (CC-01-414)
    Claimant 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 September 29, 2001, claimant was traveling on First Street in Moundsville, Marshall County, when her vehicle struck a large hole in the road damaging a rim and a tire.

2. Respondent was responsible for the maintenance of First Street at this location in Moundsville, Marshall County, and respondent failed to maintain properly First Street on the date of this incident.

3. As a result of this incident, claimant’s vehicle sustained damage in the amount of $919.68.

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 First Street in Moundsville, Marshall 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 her loss.

Accordingly, the Court is of the opinion to and does make an award in the amount of$919.68.

Award of $919.68.  