Williams v. Division of Highways

West Virginia Court of Claims

Williams v. Division of Highways

18 Ct. Cl. 157

CourtWest Virginia Court of Claims

DecidedApril 11, 1991

DocketCC-90-268

StatusPublished

Cited by1 cases

This text of 18 Ct. Cl. 157 (Williams v. Division 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

Williams v. Division of Highways, 18 Ct. Cl. 157 (W. Va. Super. Ct. 1991).

Pincite

Opinion

PER CURIAM:

Claimant brought this action to recover damage to his 1988 Ford Escort GT when the vehicle’s tire went into a drop inlet on Route 14 in Parkersburg, Wood County, on June 7, 1990. Claimant alleges that the drop inlet was six to six and one-half inches below the road surface. It ,was located in the middle of his lane of travel. The incident occurred between 3:00 p.m. and 4:00 p.m. on a sunny day. Claimant replaced the damaged tire at a cost of $98.57.

PaulF. Reese, respondent’s maintenance superintendent for Wood County, testified that the drop inlet is maintained by respondent. He stated that the depth of the drop inlet is “maybe a little bit less than three inches” and that this depth is accepted as being safe.

[158]*158The Court is of the opinion that the drop inlet which is the subject matter of this claim did not pose a hazard to the travelers on the road. As claimant failed to establish negligence on the part of the respondent, the Court must deny this claim.

Claim disallowed.

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