IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA


IN THE MATTER OF:


Gary Hoover


(CV-01-141)


O R D E R




Claimant appeared in person and by counsel, R. Mike Mullens.

Joy M. Bolling, Assistant Attorney General, for the State of West Virginia.



WEBB, JUDGE:
An application of claimant, Gary Hoover, for an award under the West Virginia Crime Victims Compensation Act, was filed April 23, 2001. The report of the Claim Investigator, filed October 26, 2001, recommended that no award be granted, to which the claimant filed a response. An Order was issued on November 29, 2001, adopting the Investigator's recommendation and denying the claim, to which claimant's request for hearing was filed December 5, 2001. This matter came on for hearing October 29, 2002, claimant appearing in person and by counsel, R. Mike Mullens, and the State of West Virginia by counsel, Joy M. Bolling, Assistant Attorney General.
The claimant, age 53, was injured in a motor vehicle collision on January 23, 2001, in Randolph County. The claimant's vehicle was struck by another vehicle traveling left of center and being operated by a juvenile, who fled the scene on foot. This Court's initial denial of the claim was based on W.Va. Code §14-2A-3(c), which excludes from the definition of "criminally injurious conduct" any conduct arising out of the use of a motor vehicle, with four exceptions: (1) intent to cause injury, (2) negligent homicide, (3) driving under the influence, or (4) reckless driving. The incident giving rise to this claim was deemed a "hit-and-run," and therefore not within the purview of the statute.
At the hearing, it was revealed through the testimony of two witnesses that the offending driver had in fact been intoxicated, thereby establishing "criminally injurious conduct" under the law.
The Claim Investigator prepared a memorandum to the Court dated October 30, 2002, in which the claimant's net annual income loss is calculated to be $8,232.00. The Court will therefore grant an award for two years' lost wages, from the injury date of January 23, 2001 to January 23, 2003, in the sum of $16,464.00 as set out below. Should the claimant remain disabled for another year, an additional award may be considered, upon request of the claimant, and with sufficient medical documentation.

Gary Hoover
P.O. Box 214
Valley Head WV 26294
.......................................................$16,464.00


ENTER:

JUDGE