IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
STEPHEN J. FORTUNATO AND DONA J. FORTUNATO
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS
Claimants 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 Claimants and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
- On July 31, 2019, the Claimant was driving her 2019 Audi Q5 on Interstate 70 East in Wheeling, Ohio 2010 Kia Soul on West Virginia Route 2 in Follansbee, Brooke County, when the Claimants’ vehicle struck a piece of exposed rebar within a large pothole in the traveling lane of the roadway.
- The Respondent was responsible for the maintenance of Interstate 70 East in Wheeling, Ohio County, and failed to properly maintain the road on the date of this incident.
- As a result of the incident, the Claimants’ vehicle sustained damages in the amount of $1,000.05.
- The Claimants’ 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 Interstate 70 East in Wheeling, Ohio 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.