
    
      OPINION ISSUED AUGUST 26, 2009
    
    DANIEL CANTIS AND DEBORAH CANTIS V. DIVISION OF HIGHWAYS
    
      (CC-07-0208)
    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 claimants and respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. On lune 8,2007, between 11:00 a.m. and 12:00 p.m., the claimants’ son, Dean Cantis, was traveling toward Morgantown, Monongalia County, on State Route 81 when the 1998 Chevrolet Blazer he was driving struck a twenty-inch piece of metal joiner strip located on the interstate overpass bridge. The joiner strip had disintegrated, and there were pieces protruding from the metal strip that had punctured the vehicle’s tire.

2. Respondent is responsible for the maintenance of State Route 81 which it failed to maintain properly on the date of this incident.

3. As a result, claimants’ vehicle sustained damage to its tire, front bearing hub assembly, and wheel aligmnent in the amount of $1,199.44. Claimants’ insurance deductible at the time of the incident was $500.00. Thus, claimants’ recovery is limited to that amount.

4. Respondent agrees that the amount of $500.00 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 State Route 81 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 the damages agreed to by the parties is fair and reasonable. Thus, claimants may make a recovery for their loss.

Accordingly, the Court is of the opinion to and does make an award in the amount of $500.00.

Award of $500.00.  