| Volume Number: 30
Category(s): BERMS |
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| Opinion Issued June 15, 2015 | |
| WILLIAM E. HART | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-1134) | |
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Claimant appeared pro se. C. Brian Matko, Attorney at Law, and Keith Cox, Attorney at Law, for Respondent. |
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| PER CURIAM:
Claimant brought this action for damage which occurred when he struck a manhole cover and crashed while riding his 2010 Fuji D-6 Pro bicycle on MacCorkle Avenue in St. Albans, Kanawha County. MacCorkle Avenue is a public road maintained by Respondent. The Court is of the opinion to make an award in this claim for the reasons more fully stated below. The incident giving rise to this claim occurred on May 31, 2014. Claimant stated that he was riding in the bicycle lane and was traveling at approximately 23 miles per hour when he struck a manhole cover in the middle of the lane that had been covered with dirt. Claimant was thrown from the bicycle. As a result of the incident, Claimant’s bicycle and related articles sustained damage in the amount of $3,942.00. Claimant stated that no insurance coverage was available for the bicycle. It is Claimant’s position that Respondent knew or should have known about the manhole cover in the bicycle lane on MacCorkle Avenue which created a hazardous condition to the traveling public, and that Respondent was negligent in failing to properly maintain the road and provide adequate warning to the traveling public of a known hazardous condition prior to the incident. The position of the Respondent is that it did not have actual or constructive notice of the condition of the bicycle lane at the time of the incident. The well-established principle of law in West Virginia is that the State is neither an insurer nor a guarantor of the safety of travelers upon its roads. Adkins v. Sims, 130 W.Va. 645; 46 S.E.2d 81 (1947). In order to hold Respondent liable for road defects of this type, Claimant must prove that Respondent had actual or constructive notice of the defect and a reasonable amount of time to take corrective action. Pritt v. Dep’t of Highways, 16 Ct. Cl. 8 (1985); Chapman v. Dep’t of Highways, 16 Ct. Cl. 103 (1986). In the instant case, the Court is of the opinion that Respondent had, at the least, constructive notice of the existence of the manhole cover in the bicycle lane on MacCorkle Avenue, which created a hazard to the traveling public, and failed to properly maintain and/or provide adequate warning of the condition to travelers. The Court therefore finds that Respondent was negligent, and that Claimant is entitled to an award for the damage to his bicycle and related effects. In view of the foregoing, it is the opinion of the Court of Claims that the Claimant should be awarded the sum of $3,942.00. Award of $3,942.00. |
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| Summary: |
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