IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

ROMMEL ABELLA

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-17-0049)

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 14, 2017, the Claimant was driving his 2004 Toyota 4Runner on US Route 35 South near Tuckers Creek and Fraziers Bottom, Putnam County when the Claimant’s vehicle struck a large rock situated in the traveling portion of the roadway. Upon striking the rock, the Claimant’s vehicle crossed over the median into oncoming traffic, spun around and came to rest next to the guardrail.
2. The Respondent was responsible for the maintenance of US Route 35 South near Tuckers Creek and Fraziers Bottom, Putnam County, which was the site of the accident in question.
3. The Claimant alleges that his accident and resulting damages were proximately caused by the defective condition of US Route 35 near Tuckers Creek and Fraziers Bottom, Putnam County and alleges negligence on the part of the Respondent in maintaining US Route 35 at this location.
4. The Respondent denies any negligence but does acknowledge that the Claimant suffered injuries as a result of this accident and that these injuries required medical treatment. It further acknowledges that it may have some culpability for the injuries and damages sustained in the January 14, 2017 accident.
5. The Claimant’s vehicle, a 2004 Toyota 4Runner, was deemed a total loss.
6. The Claimant also incurred medical bills in the sum of $438.00.
7. Based on the above parties’ investigation, the parties to this claim agree that the total sum of Seven Thousand, Three Hundred and Thirty-Two Dollars ($7,332.00), be paid by Respondent to the Claimant, Rommel Abella, 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, health care costs, 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, health care costs, and all other obligations related to this claim.
8. The amount of $7,332.00 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 US Route 35 near Tuckers Creek and Fraziers Bottom, Putnam 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 $7,332.00 in this claim.

Award of $7,332.00.