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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): STREETS AND HIGHWAYS
Opinion Issued June 15, 2015
ROBBIE SKULL
VS.
DIVISION OF HIGHWAYS
(CC-14-1453)
     Claimant appeared pro se.
     C. Brian Matko, Attorney at Law, for respondent.
     PER CURIAM:
      Claimant brought this action for vehicle damage which occurred when his 2013 Chevrolet Silverado struck a barrel while driving on I-79 near the Mink Shoals exit in Kanawha County. I-79 is a 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 at approximately 5:45 a.m. on September 23, 2014. I-79 is a four-lane, paved road with two lanes of traffic traveling in each direction. As Claimant was driving through a construction zone at approximately sixty miles per hour, he noticed a car approximately 500 feet in front of him swerve. Claimant immediately saw an orange and white striped barrel rolling in the traffic lane ahead. Claimant stated that he attempted to drive into the adjacent construction lane to avoid striking the rolling barrel, but his vehicle nonetheless collided with the barrel near the front passenger side headlight. As a result of this incident, the vehicle sustained damage in the amount of $531.48. The amount of Claimant’s insurance deductible at the time of the incident was $500.00.
      The position of Respondent is that it did not have actual or constructive notice of the barrel that rolled in front of claimants’ vehicle on I-79. Respondent presented no witnesses.
      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, a claimant must prove that respondent had actual or constructive notice of the defect and a reasonable time to take corrective action. 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 barrel which Claimant’s vehicle struck on I-79 south. The Court finds that the plastic barrels located along the side of the road on I-79 were not adequately secured to prevent a hazard to the traveling public. The fact that wind or other forces may have caused the barrels to move is a foreseeable event and should have been considered. Since the loose barrel was the proximate cause of the damages to Claimant’s vehicle, the Court concludes that Respondent was negligent and liable for Claimant’s damages.
      In accordance with the findings of fact and conclusions of law stated herein above, the Court is of the opinion to and does make an award to the Claimant in the amount of $500.00.
      Award of $500.00.
Summary:
     


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