OPINION ISSUED OCTOBER 4, 1985
STEVEN D. GOOD
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimant alleges in his Notice of Claim that on October 19, 1984,
at approximately 7:00 p.m., he was travelling east on Route 64 near
Barboursville, West Virginia, when his vehicle struck a pothole.
Damage to a wheel and tire amounted to $92.35.
At the hearing, claimant testified that construction was being
done on the bridge. Cement barriers had been erected on both sides
of the single lane. As claimant crossed the bridge, his 1980 Toyota
Celica struck the hole. Claimant testified that he did not see the
pothole until he struck it. He had travelled the same route a week
before the accident, and had not observed the pothole at that time.
In order for liability to exist on the part of the respondent, it
must be shown that the respondent had actual or constructive notice
of the hazard which caused the damage. Davis vs. Dept. of Highways,
11 Ct. Cl. 150 (1976). No evidence of notice was presented in the
record of this case;
therefore, negligence has not been established, and the claim must