CC-20-0077

IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

KENDRA E. BERKHOUSE AND STEPHEN BERKHOUSE

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-20-0077)

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

  1. On January 4, 2020, the Claimant was driving her 2015 Toyota Sienna XLE on US Route 119 in South Charleston, Kanawha County, when the Claimants’ vehicle struck a section of broken and shifting pavement in the traveling lane of the roadway.
  2. The Respondent was responsible for the maintenance of US Route 119 in South Charleston, Kanawha County, and failed to properly maintain the road on the date of this incident.
  3. As a result of the incident, the Claimants’ vehicle sustained damages in the amount of $901.40.
  4. The Claimants’ collision insurance required a deductible of $500.00.
  5. 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 119 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 Claimants, and that the amount of damages agreed to by the parties is fair and reasonable. The Claimants may make a recovery for the damages.

It is the opinion and recommendation of the Legislative Claims Commission that the Claimants should be awarded the sum of $500.00 in this claim.

Award of $500.00.

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