Martha White Foods v. Department of Highways

West Virginia Court of Claims

Martha White Foods v. Department of Highways

14 Ct. Cl. 123

CourtWest Virginia Court of Claims

DecidedFebruary 17, 1982

DocketCC-81-111

StatusPublished

This text of 14 Ct. Cl. 123 (Martha White Foods 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

Martha White Foods v. Department of Highways, 14 Ct. Cl. 123 (W. Va. Super. Ct. 1982).

Pincite

Opinion

GARDEN, JUDGE:

On February 17, 1981, the claimant’s agent, David C. Myers, was driving a 1980 Chevrolet Citation, leased by the claimant, eastward on U.S. Route 50 near Salem when he struck a pothole, damaging the right front tire and rim of the automobile. The claimant seeks to recover $101.64 for that damage.

The State neither insures nor guarantees the safety of motorists travelling on its highways. Adkins v. Sims, 130 W.Va. [124]*124645, 46 S.E.2d 81 (1947). For the respondent to be held liable for road defects of this type, the claimant must prove that the respondent had actual or constructive knowledge of the defect, and a reasonable amount of time to take suitable corrective action. Davis v. Department of Highways, 11 Ct.Cl. 150 (1976). Since the claimant did not meet that burden of proof, this claim must be denied.

Claim disallowed.

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

GARDEN, JUDGE:

On February 17, 1981, the claimant’s agent, David C. Myers, was driving a 1980 Chevrolet Citation, leased by the claimant, eastward on U.S. Route 50 near Salem when he struck a pothole, damaging the right front tire and rim of the automobile. The claimant seeks to recover $101.64 for that damage.

The State neither insures nor guarantees the safety of motorists travelling on its highways. Adkins v. Sims, 130 W.Va. [124]*124645, 46 S.E.2d 81 (1947). For the respondent to be held liable for road defects of this type, the claimant must prove that the respondent had actual or constructive knowledge of the defect, and a reasonable amount of time to take suitable corrective action. Davis v. Department of Highways, 11 Ct.Cl. 150 (1976). Since the claimant did not meet that burden of proof, this claim must be denied.

Claim disallowed.

Cite This Page — Counsel Stack

Bluebook (online)

14 Ct. Cl. 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martha-white-foods-v-department-of-highways-wvctcl-1982.

Opinion

Related

Cite This Page — Counsel Stack