IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

STEVIE DON BIEDENBACH

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HGHWAYS

(CC-19-0358)

Claimant appeared pro se.

Keith A. Cox, Attorney at Law, for the Respondent.

PER CURIAM:

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 September 12, 2019.

The Claimant testified at the hearing that on February 16, 2019 she was driving her 2009 Mitsubishi Galant on West Run Road in Morgantown, Monongalia County. This particular stretch of road contained many potholes and she is usually able to avoid them. However, on this occasion, there was oncoming traffic and she was unable to avoid this pothole. After her vehicle struck the pothole, she could hear the brakes grinding and took her vehicle to be repaired. The Claimant was advised that two calipers were damaged; she had the two calipers and rotors replaced. She testified that she had had both the rotors and the calipers replaced several months before this incident. The Claimant submitted invoices in the amount of $1,019.24; she did not carry collision insurance on her vehicle.

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 West Run Road in Morgantown, Monongalia 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 $1,019.24 in this claim.

Award of $1,019.24.