IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
SHAWN AARON MOORE AND JENNY MOORE
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS
Claimants appeared pro se.
Chad M. Cardinal, Attorney at Law, for the Respondent.
The Claimants brought this action to recover for damages to their vehicle. A hearing was held before the Legislative Claims Commission on October 23, 2019.
At the hearing, the Claimant testified that on Sunday, July 22, 2018, he was driving his 2010 Ford Fusion on Old Turnpike Run in Little Birch, Braxton County when his vehicle struck a large pothole. The Claimants were on their way to church when the vehicle struck the pothole. He testified that the impact with the pothole caused damage to the two tires and rims on the passenger side of the vehicle. The Claimants submitted invoices dated July 16, 2018 in support of their claim in the amount of $960.81; they did not submit any insurance information. Upon cross-examination, the Claimant testified that the date of the incident may have been Sunday, July 15, 2018; he couldn’t recall the specific date but he knew that the incident occurred on a Sunday because they were on their way to church.
The Respondent denied the validity of the claim in its pleadings and at the hearing.
At the hearing on October 23, 2019, the Legislative Claims Commission requested that the Claimants submit a copy of their insurance declarations page to complete the processing of this claim. The Clerk of the Claims Commission sent the Claimant letters dated November 19, 2019 and December 12, 2019, requesting the required insurance declarations page. None of the letters were returned to the Claims Commission as undeliverable and the Claimants failed to respond to any of these communications.
The Legislative Claims Commission hereby takes judicial notice that July 15, 2018, was in fact a Sunday, which is consistent with the Claimant’s testimony and accordingly, the invoices dated July 16, 2018, would be relevant to a July 15, 2018, incident. Having reviewed the facts of the claim, the Claims Commission hereby finds that the Claimant’s testimony explained the error on the claim form regarding the date of the incident, that the Respondent was negligent in its maintenance of Old Turnpike Road in Little Birch, Braxton County, on the date of the incident, that the negligence of the Respondent was a proximate cause of the damages sustained by the Claimants, and that the amount of damages sustained by the Claimants is fair and reasonable. However, the Claimants may not make any recovery in this claim due to their failure to provide the Claims Commission with the required insurance declarations page, despite repeated requests.
Based on the foregoing, the Claims Commission is of the opinion to, and does hereby, deny the Claimants’ claim.