IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

JANICE SMITH

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-20-0246)

Claimant appeared pro se.

Keith A. Cox, 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 March 5, 2020, the Claimant was driving her 2019 Nissan Maxima on West Virginia Route 131, Benedum Drive, in Bridgeport, Harrison County, when the Claimant’s vehicle struck a large pothole situated in the traveling portion of the roadway and damaged one tire on her vehicle.
2. The Respondent was responsible for the maintenance of West Virginia Route 131, Benedum Drive, in Bridgeport, Harrison 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 $520.25, which represented the costs for two replacement tires.
4. The Claimant’s collision insurance required a deductible of $1,000.00.
5. The Claimant and the Respondent agreed to the sum of $250.00 as the cost of reasonable repairs to the Claimant’s vehicle.
6. The amount of $250.00 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 West Virginia Route 131, Benedum Drive, in Bridgeport, Harrison 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 $250.00 in this claim.

Award of $250.00.