IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

ROB L. CHISLER, JR.

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-17-0023)

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 January 23, 2017, the Claimant filed a Notice of Claim alleging that the Respondent’s failure to maintain the culverts and ditches located on Wadestown Road in Wana, Monongalia County was the cause of flooding and damage to his house and surrounding property after storms and heavy rainfalls.
2. The Claimant alleged that he incurred expenses related to the flooding damage to his home and submitted supporting receipts with his Notice of Claim.
3. The Respondent was responsible for the maintenance of the culverts and ditches located on Wadestown Road in Wana, Monongalia County.
4. The Claimant alleged that the damages to his home were proximately caused by the Respondent’s failure to maintain the culverts and ditches on Wadestown Road in Wana, Monongalia County.
5. The Respondent denies any negligence but does acknowledge that the Claimant’s house sustained damages. The Respondent further acknowledges some culpability for the preceding incident.
6. Based on the above parties’ investigation, the parties to this claim agree that it is mutually advantageous and beneficial to resolve the claim. The parties further agree that the total sum of Six Thousand, Two Hundred Dollars and Two Cents ($6,200.02) be paid by Respondent to the Claimant, Rob Chisler, Jr., as a full and complete settlement; a compromise and resolution of all matters in controversy between the parties; and as a full and complete satisfaction of any and all past and future claims that the above Claimant has against the Respondent arising from the matters described in said claim. Further, the Claimant agrees to dismiss, with prejudice, the claim in this matter and the Claimant shall be solely responsible for all subrogation claims, liens, and all other obligations related to this claim. Further, the Claimant agrees to defend and indemnify the Respondent from and against all such subrogation claims, liens, and all other obligations related to this claim.
7. The amount of $6,200.02 is fair and reasonable.

The West Virginia Legislative Claims Commission, having reviewed the facts of the claim, hereby finds that the Respondent was negligent in its maintenance of the culverts and ditches on Wadestown Road in Wana, Monongalia County on the date of this incident, that the negligence of the Respondent was a proximate cause of the damages agreed to by the parties, 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 $6,200.02 in this claim.

Award of $6,200.02.