Coleman v. Department of Highways

West Virginia Court of Claims

Coleman v. Department of Highways

15 Ct. Cl. 157

CourtWest Virginia Court of Claims

DecidedAugust 6, 1984

DocketCC-84-30

StatusPublished

This text of 15 Ct. Cl. 157 (Coleman v. Department of Highways) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coleman v. Department of Highways, 15 Ct. Cl. 157 (W. Va. Super. Ct. 1984).

Pincite

Opinion

PER CURIAM:

This claim was originally styled in the names of Charles Coleman and David Turley, but when the testimony indicated that the vehicle, a 1981 Chevette, was titled in the name of Patricia Coleman, the Court amended the style to reflect that fact.

David Turley, claimant’s son and driver of the vehicle at the time of the accident, testified that he was travelling on Route 61 from Marmet, West Virginia, when he lost control of the vehicle after encountering ice on a bridge. The incident occurred on February 11, 1983, at approximately 11:45 p.m. Mr. Turley testified that the road was dry except for the ice on the bridge. The vehicle was damaged in the amount of $1,181.43. It is alleged that respondent was negligent for failing to post the bridge with a sign stating bridge freezes before road.

The State is neither an insurer nor a guarantor of the safety of travellers on its highways. Adkins vs. Sims, 130 W. Va. 645, 46 S.E.2d 81 (1947). This Court has previously held that the mere presence of ice on a bridge in wintertime does not constitute negligence on the part of respondent. Furthermore, it is common knowledge that precipitation may freeze on bridge surfaces when other roadway areas are dry. Bodo vs. Dept. of Highways, 11 Ct.Cl. 179 (1976). The Court, therefore, denies the claim.

Claim disallowed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This claim was originally styled in the names of Charles Coleman and David Turley, but when the testimony indicated that the vehicle, a 1981 Chevette, was titled in the name of Patricia Coleman, the Court amended the style to reflect that fact.

David Turley, claimant’s son and driver of the vehicle at the time of the accident, testified that he was travelling on Route 61 from Marmet, West Virginia, when he lost control of the vehicle after encountering ice on a bridge. The incident occurred on February 11, 1983, at approximately 11:45 p.m. Mr. Turley testified that the road was dry except for the ice on the bridge. The vehicle was damaged in the amount of $1,181.43. It is alleged that respondent was negligent for failing to post the bridge with a sign stating bridge freezes before road.

The State is neither an insurer nor a guarantor of the safety of travellers on its highways. Adkins vs. Sims, 130 W. Va. 645, 46 S.E.2d 81 (1947). This Court has previously held that the mere presence of ice on a bridge in wintertime does not constitute negligence on the part of respondent. Furthermore, it is common knowledge that precipitation may freeze on bridge surfaces when other roadway areas are dry. Bodo vs. Dept. of Highways, 11 Ct.Cl. 179 (1976). The Court, therefore, denies the claim.

Claim disallowed.

Cite This Page — Counsel Stack

Bluebook (online)

15 Ct. Cl. 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-department-of-highways-wvctcl-1984.

Opinion

Related

Cite This Page — Counsel Stack