IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

COLE RILEY BATES

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-18-0944)

Eric M. Hayhurst, Attorney at Law, for the Claimant.

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 April 21, 2017, the Claimant was driving his 1990 Chevrolet K1500 on West Virginia Route 20 near Jacksonburg, Wetzel County when the Claimant’s vehicle struck a large amount of residual dirt and other debris allegedly left in the roadway following the Respondent’s clean-up of a mudslide.
2. The Respondent was responsible for the maintenance of West Virginia Route 20 near Jacksonburg, Wetzel 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 mud and other debris situated in the traveling portion of West Virginia Route 20 near Jacksonburg, Wetzel County and alleges negligence on the part of the Respondent in maintaining West Virginia Route 20 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. The Respondent further acknowledges some culpability for the Claimant’s incident.
5. Based on the above parties’ investigation, the parties to this claim agree that the total sum of Twenty Thousand Dollars ($20,000.00) be paid by Respondent to the Claimant, Cole Riley Bates, 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.
6. The amount of $20,000.00 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 West Virginia Route 20 near Jacksonburg, Wetzel 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 $20,000.00 in this claim.

Award of $20,000.00.