IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

DANNY R. SMITH, JR.

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-20-0020)

Claimant 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 Claimant and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. On November 27, 2019, the Claimant was driving his 2001 GMC Sierra on Poca River Road in Poca, Putnam County, when the Claimant’s vehicle struck a large section of pavement in the traveling portion of the roadway that had crumbled and broken away.
2. The Respondent was responsible for the maintenance of Poca River Road, in Poca, Putnam County, and failed to properly maintain the road on the date of this incident.
3. As a result of the incident, the Claimant’s vehicle sustained damages in the amount of $2,375.00.
4. The Claimant did not carry collision insurance on his vehicle.
5. The amount of $2,375.00 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 Poca River Road in Poca, Putnam 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 $2,375.00 in this claim.

Award of $2,375.00.