IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

CHRISTOPHER ALLENDER

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-18-1372)

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 October 18, 2017, the Claimant was driving his 2007 BMW 335i on Interstate 470 in Wheeling, Ohio County, when the Claimant’s vehicle struck a large pothole in the traveling portion of the roadway.
2. On March 16, 2018, the Claimant was again driving his 2007 BMW 335i on West Virginia Route 2 near Moundsville, Marshall County, when the Claimant’s vehicle struck a large pothole in the traveling portion of the roadway.
3. The Respondent was responsible for the maintenance of Interstate 470 in Wheeling, Ohio County and also West Virginia Route 2 near Moundsville, Marshall County and failed to properly maintain the road on the dates of these incidents.
4. As a result of these incidents, the Claimant’s vehicle sustained damages in the amount of $1,062.69.
5. The Claimant’s collision insurance required a deductible of $500.00.
6. 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 Interstate 470 in Wheeling, Ohio County and also West Virginia Route 2 near Moundsville, Marshall County on the dates of these incidents, 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 $500.00 in this claim.

Award of $500.00.