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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): STREETS AND HIGHWAYS
Opinion Issued June 15, 2015
MARY FRANCES WILLIAMS
VS.
DIVISION OF HIGHWAYS
(CC-15-0008)
     Joseph Williams appeared on behalf of Claimant, pro se.
     S. Anita Valentino, Attorney at Law, for Respondent.
     PER CURIAM:
      Claimant brought this action for vehicle damage which occurred when her 2009 Jeep Cherokee struck debris on a rest area entrance ramp on Interstate 79 near Bridgeport, Harrison County. Interstate 79 is a public road maintained by Respondent. The Court is of the opinion to deny this claim for the reasons more fully stated below.
      The incident giving rise to this claim occurred at approximately 12:30 p.m. on December 26, 2014. The weather was dry and clear. At the time of the incident, Claimant and her husband were traveling north on Interstate 79 and had driven to a rest area entrance ramp when they heard a loud noise. Upon inspection at the rest area, Claimant noticed that her vehicle had struck metal debris on the ramp, and that one tire was shredded and another contained an embedded bolt approximately one inch thick. Claimant stated that she believed the debris was from a prior accident on the ramp. Claimant’s husband testified that he did not see debris in the roadway, but that his wife allegedly saw the debris. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $432.33.
      It is the Claimant’s position that Respondent knew or should have known about the debris on the rest area entrance ramp off of Interstate 79 which created a hazardous condition to the traveling public, and that Respondent was negligent in failing to properly maintain the road prior to the incident.
      The position of the Respondent is that it did not have actual or constructive notice of any such debris on or near Interstate 79 at the time of the incident. Clifford Fulton, crew chief supervisor for Respondent in Lost Creek, testified that the agency had not responded to any incidents on I-79 near the area in question, or for cleanup of debris in the roadway, on the days before, after, or on the date of this 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, Claimants 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 did not have notice of the condition of debris on Interstate 79 near the rest area entrance ramp. While the existence of metal debris in the roadway would create a dangerous driving condition, there is no evidence that Respondent had notice of such a hazard. Accordingly, there is insufficient evidence of negligence on the part of Respondent upon which to base an award. In view of the foregoing, the Court is of the opinion to and does deny this claim.
      Claim disallowed.
Summary:
     


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