Varney v. Department of Highways

14 Ct. Cl. 434

Opinion

PER CURIAM:

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 notice, either actual or constructive, must be shown. As there was no positive showing of notice to respondent, the claim must be denied.

Claim disallowed.