IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

DONALD LOU CANTERBURY

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-16-0957)

Claimant appeared pro se.

Chad M. Cardinal, 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 June 28, 2016, the Claimant was driving his 1990 GMC R3500 on Interstate 64 East near the 35^th Street Bridge in Kanawha City, Charleston, Kanawha County, when the Claimant’s vehicle struck a large pothole in the roadway.
2. The Respondent was responsible for the maintenance of Interstate 64 East near the 35^th Street Bridge in Kanawha City, Charleston, Kanawha 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 was deemed a total loss and the Claimant sought compensation in the amount of $17,145.00.
4. The Claimant did not carry collision insurance on his vehicle.
5. The Claimant and the Respondent agreed to settle the claim for the sum of $2,000.00, which represents the fair market value of the Claimant’s vehicle.
6. The amount of $2,000.00 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 Interstate 64 East near the 35^th Street Bridge in Kanawha City, Charleston, Kanawha 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 damage.

It is the opinion and recommendation of the Legislative Claims Commission that the Claimant should be awarded the sum of $2,000.00 in this claim.

Award of $2,000.00.