IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
SHEYENNE WALKER AND DANNY WALKER
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS
Claimants appeared pro se.
Chad M. Cardinal, Attorney at Law, for the Respondent.
Following a hearing before the Legislative Claims Commission, this claim was submitted to the Legislative Claims Commission upon a Stipulation entered into by the Claimant and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
- On December 4, 2018, the Claimant was driving her 2015 Chrysler 200 on Docks Creek Road in Kenova, Wayne County, when the Claimants’ vehicle struck a large pothole in the roadway.
- The Respondent was responsible for the maintenance of Docks Creek Road in Kenova, Wayne County, and failed to properly maintain the road on the date of this incident.
- As a result of the incident, the Claimants’ vehicle sustained damages in the amount of $211.93.
- The amount of $211.93 is fair and reasonable.
At the hearing on November 1, 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 Claimants letters dated November 15, 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, having reviewed the facts of the claim, hereby finds that the Respondent was negligent in its maintenance of Docks Creek Road in Kenova, Wayne 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. 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.