IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA
IN THE MATTER OF:
O R D E R
Claimant appeared in person.
Joy M. Bolling, Assistant Attorney General, for the State of West Virginia.
An application of the claimant, Darlene Foster, for an award under the West Virginia Crime
Victims Compensation Act, was filed September 20, 2001. The report of the Claim Investigator, filed
March 15, 2002, recommended that no award be granted, to which the claimant filed a response in
disagreement. An Order was issued on May 29, 2002, upholding the Investigator's recommendation
and denying the claim, in response to which the claimant's request for hearing was filed June 10,
2002. This matter came on for hearing October 25, 2002, claimant appearing pro se and the State of
West Virginia by counsel, Joy M. Bolling, Assistant Attorney General.
On July 10, 2000, the 41-year-old claimant was working as a flagger on U.S. Route 52 in
Kenova, Wayne County, when a vehicle veered off the road and struck her, breaking her left hand.
The offending driver, David Puckett, was cited for failure to maintain control and driving on a suspended license.
The claimant was covered by Worker's Compensation, a collateral source under W.Va. Code
§14-2A-3(b)(5), and therefore sustained no unreimbursed economic loss. (Transcript, page 8.) In
addition, the actions of the offending driver do not fall within the four exceptions to the definition of
"criminally injurious conduct" involving the use of a motor vehicle under W.Va. Code §14-2A-3(c):
intent to cause injury or death, negligent homicide, driving under the influence of alcohol or drugs,
or reckless driving.
Based on the foregoing, this Court's previous ruling that no award be granted is hereby