IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
SANDRA N. COUNTS AND JESSE COUNTS-NENNI
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HGHWAYS
Claimants appeared pro se.
Chad M. Cardinal, Attorney at Law, for the Respondent.
The Claimants brought this action alleging that the negligence of the Respondent was the cause of damage sustained to their vehicle.
The Claimants and the Respondent, through its counsel, appeared for a hearing before the Legislative Claims Commission on February 20, 2020.
The Claimant testified at the hearing that on July 28, 2019, he was driving his 2018 Kia Soul Plus in Interstate 64 East over the Donald M. Legg Memorial Bridge in Nitro, Kanawha County, when his vehicle struck what he believed to be a defective expansion joint in the roadway across the bridge. The Claimant testified that the impact of striking the expansion joint damaged his tire, almost shredding it. The Claimants submitted an estimate for repairs in the amount of $211.85; their collision insurance required a deductible of $500.00.
The Respondent disputed 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 Interstate 64 East over the Donald M. Legg Memorial Bridge in Nitro, Kanawha County, on the date of this incident and that the negligence of the Respondent was a proximate cause of the damages sustained by the Claimants.
In view of the foregoing, it is the recommendation and opinion of the Legislative Claims Commission that the Claimants should be awarded the sum of $211.85 in this claim.
Award of $211.85.