Jones v. Department of Highways

West Virginia Court of Claims

Jones v. Department of Highways

15 Ct. Cl. 244

CourtWest Virginia Court of Claims

DecidedJanuary 30, 1985

DocketCC-84-126

StatusPublished

This text of 15 Ct. Cl. 244 (Jones 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

Jones v. Department of Highways, 15 Ct. Cl. 244 (W. Va. Super. Ct. 1985).

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Opinion

PER CURIAM:

On March 25, 1984, claimant’s vehicle, a 1982 Subaru DL, was damaged when she struck a pothole on Route 25 near the St. Albans Bridge in Kanawha County. The pothole measured 21 inches wide, 65 inches long, and 9 inches deep. Claimant did not see the pothole because it was filled with water. Damage to the car was repaired at a cost of $401.20, of which sum, all but $100.00 was paid by claimant’s insurance carrier.

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). In order for respondent to be found negligent, proof of actual or constructive notice of the defect must be shown. Although no evidence of actual notice was presented, a pothole of the dimensions described by the claimant could not have developed overnight, and the respondent should have known of the defect. Accordingly, the Court finds that the respondent had constructive notice of the pothole, and makes an award to the claimant in the amount of her deductible, or $100.00.

Award of $100.00.

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PER CURIAM:

On March 25, 1984, claimant’s vehicle, a 1982 Subaru DL, was damaged when she struck a pothole on Route 25 near the St. Albans Bridge in Kanawha County. The pothole measured 21 inches wide, 65 inches long, and 9 inches deep. Claimant did not see the pothole because it was filled with water. Damage to the car was repaired at a cost of $401.20, of which sum, all but $100.00 was paid by claimant’s insurance carrier.

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). In order for respondent to be found negligent, proof of actual or constructive notice of the defect must be shown. Although no evidence of actual notice was presented, a pothole of the dimensions described by the claimant could not have developed overnight, and the respondent should have known of the defect. Accordingly, the Court finds that the respondent had constructive notice of the pothole, and makes an award to the claimant in the amount of her deductible, or $100.00.

Award of $100.00.

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15 Ct. Cl. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-department-of-highways-wvctcl-1985.

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