IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

JOEL BROWN, JOHN BROWN AND LINDA BROWN

v.

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,

DIVISION OF HIGHWAYS

(CC-19-0949)

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

  1. On February 14, 2019, the Claimant was driving his 2012 Honda Crosstour on West Virginia Route 7 in Morgantown, Monongalia County, when the Claimants’ vehicle struck a large pothole situated in the traveling lane of the roadway.
  2. The Respondent was responsible for the maintenance of West Virginia Route 7 in Morgantown, Monongalia 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 and the Claimants replaced two tires for the sum of $309.50.
  4. The Claimants’ collision insurance required a deductible of $500.00.
  5. The amount of $309.50 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 7 in Morgantown, Monongalia 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 $309.50 in this claim.

Award of $309.50.

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