Varney v. Department of Highways
This text of 14 Ct. Cl. 434 (Varney 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.
Opinion
The claimant is the owner of a 1981 Chevrolet Monte Carlo. On November 7, 1982, at approximately 9:30 p.m., the claimant was a passenger in his automobile which was being driven by his nephew on Route 52 near Crum, Wayne County, West Virginia. The automobile struck a pothole measuring approximately sixteen inches by twenty inches. The right front tire, rim, and wheel cover had to be replaced at a cost of $208.97.
The State neither insures nor guarantees the safety of motorists travelling on its highways. Adkins v. Sims, 130 W.Va. 645 (1947). In order for negligence to be shown, proof of [435]*435notice, either actual or constructive, must be shown. As there was no positive showing of notice to respondent, the claim must be denied.
Claim disallowed.
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14 Ct. Cl. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varney-v-department-of-highways-wvctcl-1983.