IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
RONALD E. BONECUTTER, JR.
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 his vehicle.
The Claimant and the Respondent, through its counsel, appeared for a hearing before the Legislative Claims Commission on November 1, 2019.
At the hearing, the Claimant testified that he was driving his 2008 Ford Taurus on West Virginia Route 2 near Henderson, Mason County on April 8, 2019. As he was traveling, his vehicle struck a pothole and he heard something snap. He then heard a rattling noise but continued on to his destination. When he took his vehicle to be checked for any damage, he learned that a strut on the driver’s side of his vehicle was damaged. He had to replace both struts even though only one had been damaged. The Claimant testified that the cost of replacing one strut was $528.86; his collision insurance required a deductible of $1,000.00.
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 West Virginia Route 2 near Henderson, Mason 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 $528.86 in this claim.
Award of $528.86.