IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

JOANN SLIE AND RUSTY SLIE

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-19-0868)

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 March 24, 2019, the Claimant was driving her 2014 Ford Escape on Stone Church Road in Elm Grove, Ohio County, when the Claimants’ vehicle struck a large pothole situated in the traveling lane of the roadway.
2. On April 6, 2019, the Claimant was again driving her 2014 Ford Escape on Interstate 70 and National Road in Wheeling, Ohio County, when the Claimants’ vehicle struck several large potholes in the traveling portion of the roadway.
3. The Respondent was responsible for the maintenance of Stone Church Road in Elm Grove, Ohio County and Interstate 70 and National Road in Wheeling, Ohio County, and failed to properly maintain the road on the dates of these incidents.
4. As a result of these incidents, the Claimants’ vehicle sustained damages in the amount of $838.40.
5. The Claimants’ collision insurance required a deductible of $500.00.
6. 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 Stone Church Road in Elm Grove, Ohio County and Interstate 70 and National Road in Wheeling, Ohio County, on the dates of these incidents, 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.