IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

JUSTIN TYREE AND KAYLEE TYREE

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-19-0571)

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 February 8, 2019, the Claimants were driving their 2017 Honda Accord on West Virginia Route 67 in Morgantown, Monongalia County when their vehicle struck an icy patch on the roadway. The Claimants’ vehicle slid on the ice and struck a utility pole causing damage to their vehicle. The Claimants alleged that the incident caused some personal injuries.
2. The Respondent was responsible for the maintenance of West Virginia Route 67 in Morgantown, Monongalia County, which was the site of the accident in question.
3. The Claimants alleged that this accident and resulting damages were proximately caused by the hazardous condition of West Virginia Route 67 in Morgantown, Monongalia County and they alleged negligence on the part of the Respondent in maintaining West Virginia Route 67 at this location.
4. The Respondent denies any negligence but does acknowledge some culpability for the incident that occurred on February 8, 2019.
5. Based on the above parties’ investigation, the parties to this claim agree that the total sum of Three Thousand Six Hundred Dollars ($3,600.00) be paid by Respondent to the Claimants, Justin Tyree and Kaylee Tyree, 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 Claimants have against the Respondent arising from the matters described in said claim. Further, the Claimants agree to dismiss, with prejudice, the claim in this matter and the Claimants shall be solely responsible for all subrogation claims, liens, health care costs, and all other obligations related to this claim. Further, the Claimants agree 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 $3,600.00 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 67 in Morgantown, Monongalia 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 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 $3,600.00 in this claim.

Award of $3,600.00.