IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

TIMOTHY ELISCHER

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-19-1372)

Claimant appeared pro se.

Keith A. Cox, Attorney at Law, for the Respondent.

PER CURIAM:

This claim was submitted to the Legislative Claims Commission upon a Stipulation entered into by the Claimant and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. On September 18, 2019, the Claimant was driving his 2018 Chevrolet Tahoe on West Virginia Route 7 in Sabraton, Monongalia County, when the Claimant’s vehicle struck a large pothole in the traveling portion of the roadway.
2. The Respondent was responsible for the maintenance of West Virginia Route 7 in Sabraton, Monongalia County, and failed to properly maintain the road on the date of this incident.
3. As a result of the incident, the Claimant’s vehicle sustained damages in the amount of $430.00.
4. The Claimant’s collision insurance required a deductible of $250.00.
5. The amount of $250.00 is fair and reasonable.

The Legislative Claims Commission, having reviewed the facts of the claim, hereby finds that the Respondent was negligent in its maintenance of West Virginia Route 7 in Sabraton, Monongalia County on the date of this incident, that the negligence of the Respondent was a proximate cause of the damages sustained by the Claimant, and that the amount of damages agreed to by the parties is fair and reasonable. The Claimant may make a recovery for the damages.

It is the opinion and recommendation of the Legislative Claims Commission that the Claimant should be awarded the sum of $250.00 in this claim.

Award of $250.00.