Snyder v. Department of Highways

West Virginia Court of Claims

Snyder v. Department of Highways

13 Ct. Cl. 333

CourtWest Virginia Court of Claims

DecidedJanuary 27, 1981

DocketCC-80-230

StatusPublished

This text of 13 Ct. Cl. 333 (Snyder 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

Snyder v. Department of Highways, 13 Ct. Cl. 333 (W. Va. Super. Ct. 1981).

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Opinion

WALLACE, JUDGE:

At dusk on May 4, 1980, the claimant’s son was driving the claimant’s 1973 Ford automobile north of W.Va. Route 33 towards Ripley when he struck a large pothole, damaging the right front tire, rim, and fender. The claimant seeks to recover $175.00 for that damage.

The State neither insures nor guarantees the safety of motorists traveling on its highways. Adkins v. Sims, 130 W.Va. 645,46 S.E.2d 81 (1947). For the respondent to be held liable for damages caused by road defects of this type, the claimant must prove that the respondent had actual or constructive knowledge of the existence of the defect and a reasonable amount of time to take suitable corrective action. Davis v. Dept. of Highways, 11 Ct.Cl. 150 (1976). Since the claimant did not meet that burden of proof, this claim must be denied.

Claim disallowed.

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WALLACE, JUDGE:

At dusk on May 4, 1980, the claimant’s son was driving the claimant’s 1973 Ford automobile north of W.Va. Route 33 towards Ripley when he struck a large pothole, damaging the right front tire, rim, and fender. The claimant seeks to recover $175.00 for that damage.

The State neither insures nor guarantees the safety of motorists traveling on its highways. Adkins v. Sims, 130 W.Va. 645,46 S.E.2d 81 (1947). For the respondent to be held liable for damages caused by road defects of this type, the claimant must prove that the respondent had actual or constructive knowledge of the existence of the defect and a reasonable amount of time to take suitable corrective action. Davis v. Dept. of Highways, 11 Ct.Cl. 150 (1976). Since the claimant did not meet that burden of proof, this claim must be denied.

Claim disallowed.

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13 Ct. Cl. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-department-of-highways-wvctcl-1981.

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