IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HGHWAYS
Claimant appeared pro se.
Chad M. Cardinal, Attorney at Law, for the Respondent.
The Claimant brought this action alleging that the negligence of the Respondent was the cause of damage sustained to her vehicle.
The Claimant and the Respondent, through its counsel, appeared for a hearing before the Legislative Claims Commission on August 29, 2019.
The Claimant testified at the hearing that she was driving her 2006 Buick Terraza on County Route 7/1, Cedar Run Road, in Kenova, Wayne County on July 20, 2018, when her vehicle struck a large pothole. Several months later, on November 20, 2018, the Claimant was again driving this vehicle on the same road, County Route 7/1, Cedar Run Road, in Kenova, Wayne County when her vehicle struck the same pothole. She testified that her vehicle was repaired after each incident, incurring damages in the total sum of $407.14. The Claimant’s collision insurance required a collision deductible of $500.00.
The Respondent denied the validity of the claim in its pleadings and at the hearing.
After duly considering the facts, the testimony and the exhibits submitted in this claim, the Legislative Claims Commission hereby finds that the Respondent, Division of Highways, was negligent in its maintenance of County Route 7/1, Cedar Run Road, in Kenova, Wayne County, on the date of this incident and that the negligence of the Respondent was a proximate cause of the damages sustained by the Claimant.
In view of the foregoing, it is the recommendation and opinion of the Legislative Claims Commission that the Claimant should be awarded the sum of $407.14 in this claim.
Award of $407.14.