IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
GARY C. ADKINS
v.
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS
(CC-19-0373)
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:
- On February 22, 2019, the Claimant was driving his 2001 Pontiac Grand Am on Adams Avenue at the Wayne-Cabell Bridge in Huntington, Wayne County, when the Claimant’s vehicle struck a large pothole in the roadway.
- The Respondent was responsible for the maintenance of Adams Avenue at the Wayne-Cabell Bridge in Huntington, Wayne County, and failed to properly maintain the road on the date of this incident.
- As a result of the incident, the Claimant’s vehicle sustained damages in the amount of $103.03.
- The Claimant did not carry collision insurance on his vehicle.
- The amount of $103.03 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 Adams Avenue at the Wayne-Cabell Bridge in Huntington, Wayne 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 damages.
It is the opinion and recommendation of the Legislative Claims Commission that the Claimant should be awarded the sum of $103.03 in this claim.
Award of $103.03.