
    
      OPINION ISSUED FEBRUARY 20, 2009
    
    FREDERICK C. LANGILLE JR. VS. DIVISION OF HIGHWAYS
    (CC-08-0035)
    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 January 15,2008, claimant’s daughter was traveling on Cedar Crest Drive in Huntington, Cabell County, when his 2006 Kia Spectra struck a hole in the road damaging a tire and rim.

2. Respondent was responsible for the maintenance of Cedar Crest Drive which it failed to maintain properly on the date of this incident.

3. As a result of this incident, claimant’s vehicle sustained damage in the amount of $246.49. Claimant’s insurance deductible at the time of the incident was $500.00.

4. Respondent agrees that the amount of $246.49 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 Cedar Crest Drive 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 loss.

Accordingly, the Court is of the opinion to and does make an award in the amount of $246.49.

Award of $246.49.  