IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
DONALD K. SMITH, II
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Chad M. Cardinal, Attorney at Law, for the Respondent.
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 April 13, 2019, the Claimant was driving his 2017 Harley Davidson Street Glide on US Route 60 West in South Charleston, Kanawha County, when the Claimant’s vehicle struck a large pothole situated in the traveling portion of the roadway.
- The Respondent was responsible for the maintenance of US Route 60 West in South Charleston, Kanawha County, and failed to properly maintain the road on the date of this incident.
- As a result of the incident, the Claimant’s vehicle sustained damages in the amount of $743.12.
- The Claimant’s collision insurance required a deductible of $500.00.
- The amount of $500.00 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 US Route 60 West in South Charleston, Kanawha County on the date of this incident, that the negligence of the Respondent was a proximate cause of the damages sustained by the Claimant, and that the amount of damages agreed to by the parties is fair and reasonable. The Claimant may make a recovery for the damages.
It is the opinion and recommendation of the Legislative Claims Commission that the Claimant should be awarded the sum of $500.00 in this claim.
Award of $500.00.