Peiffer v. Department of Highways

West Virginia Court of Claims

Peiffer v. Department of Highways

13 Ct. Cl. 222

CourtWest Virginia Court of Claims

DecidedJune 4, 1980

DocketCC-79-525

StatusPublished

This text of 13 Ct. Cl. 222 (Peiffer 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

Peiffer v. Department of Highways, 13 Ct. Cl. 222 (W. Va. Super. Ct. 1980).

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Opinion

WALLACE, JUDGE:

In late November, 1978, the claimant was driving her 1972 Chevrolet Corvette on U. S. Route 60 toward Charleston after dark. Her automobile struck a pothole approximately 1-1/2 feet wide and two or three inches deep, causing damage to the front of her car. The claimant seeks to recover the sum of $492.23.

The State is neither an insurer nor a guarantor of the safety of motorists on its highways. Adkins v. Sims, 130 W.Va. 645, 46 S.E.2d 81 (1947). The respondent cannot be held liable for damage caused by a collision with a pothole unless the claimant proves that the respondent had actual or constructive knowledge of the existence of the pothole, and a reasonable amount of time to repair it or take other suitable action. Davis v. Dept. of Highways, 11 Ct.Cl. 150 [223]*223(1977). Since the claimant did not meet that burden of proof, this claim must be denied.

Claim disallowed.

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WALLACE, JUDGE:

In late November, 1978, the claimant was driving her 1972 Chevrolet Corvette on U. S. Route 60 toward Charleston after dark. Her automobile struck a pothole approximately 1-1/2 feet wide and two or three inches deep, causing damage to the front of her car. The claimant seeks to recover the sum of $492.23.

The State is neither an insurer nor a guarantor of the safety of motorists on its highways. Adkins v. Sims, 130 W.Va. 645, 46 S.E.2d 81 (1947). The respondent cannot be held liable for damage caused by a collision with a pothole unless the claimant proves that the respondent had actual or constructive knowledge of the existence of the pothole, and a reasonable amount of time to repair it or take other suitable action. Davis v. Dept. of Highways, 11 Ct.Cl. 150 [223]*223(1977). Since the claimant did not meet that burden of proof, this claim must be denied.

Claim disallowed.

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13 Ct. Cl. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peiffer-v-department-of-highways-wvctcl-1980.

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