OPINION ISSUED DECEMBER 12, 1986
KAREN S. MURRAY AND DANIEL J. MURRAY
DEPARTMENT OF HIGHWAYS
Claimants appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On April 8,, 1985, claimant Karen S. Murray was operating a 1985
to herself and her husband, Daniel J. Murray, on Secondary Route
at approximately 1
4/10 miles south of U.S. Route 50, when the automobile slid on mud
that location. As a
result, claimant incurred damages to the automobile in the amount
$1,675.66. The claimants
seek $100.00, the insurance deductible. The $100.00 is the amount
Claimant Karen S. Murray testified that, on the day of the
had been cold with brief
rain or snow showers. It was about 5:50 in the evening. She was
travelling at approximately 25
miles per hour. A few days prior to the incident, respondent had
cleaning out the ditches.
As a result, the road was completely covered with mud." Her
slid in the mud and
collided with another vehicle. She travels this route every day
and returning from her
place of employment. She had encountered the mud on the morning of
day of the accident.
The State neither insures nor guarantees the safety of motorist
travelling on its highways.
Adkins v. Sims, 130 W.Va. 645, 46 S.E.2d 81 (1941). Claimant Karen
Murray, by her
own testimony, had observed respondent's crew working and was aware
the presence of
mud on the road at this location. For that reason, extra precaution
necessary on her part.
The Court is of the opinion to, and does disallow the claim.