IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

MARK S. BURNETTE AND DEBORAH S. BURNETTE

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-18-0965)

Claimants 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 Claimants and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. On June 3, 2018, the Claimant was driving his 2010 Chevrolet Malibu on US Route 19 in Spanishburg, Mercer County, when the Claimants’ vehicle struck a large section of loose guardrail situated in the traveling portion of the roadway.
2. The Respondent was responsible for the maintenance of US Route 19 in Spanishburg, Mercer County, and failed to properly maintain the road on the date of this incident.
3. As a result of the incident, the Claimants’ vehicle sustained damages in the amount of $1,392.81.
4. The Claimants’ collision insurance required a deductible of $500.00.
5. The amount of $500.00 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 US Route 19 in Spanishburg, Mercer County on the date of this incident, that the negligence of the Respondent was a proximate cause of the damages sustained by the Claimants, and that the amount of damages agreed to by the parties is fair and reasonable. The Claimants may make a recovery for the damages.

It is the opinion and recommendation of the Legislative Claims Commission that the Claimants should be awarded the sum of $500.00 in this claim.

Award of $500.00.