IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

HENRY G. DEAN AND BARBARA T. DEAN

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-19-1330)

Claimants 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 Claimants and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. On August 18, 2019, the Claimant was driving his 2013 Honda FIT on West Virginia Route 4 in Clendenin, Kanawha County, when the Claimants’ vehicle struck a large pothole in the roadway.
2. The Respondent was responsible for the maintenance of West Virginia Route 4 in Clendenin, Kanawha County, and failed to properly maintain the road on the date of this incident.
3. As a result of the incident, the Claimants’ vehicle sustained damages in the amount of $159.00.
4. The Claimants’ collision insurance required a deductible of $500.00.
5. The amount of $159.00 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 West Virginia Route 4 in Clendenin, Kanawha County, on the date of this incident, that the negligence of the Respondent was a proximate cause of the damages sustained by the Claimants, and that the amount of damages agreed to by the parties is fair and reasonable. The Claimants may make a recovery for the damages.

It is the opinion and recommendation of the Legislative Claims Commission that the Claimants should be awarded the sum of $159.00 in this claim.

Award of $159.00.