OPINION ISSUED FEBRUARY 13, 1986

MINE SAFETY APPLIANCES COMPANY
VS.
DEPARTMENT OF HIGHWAYS

(CC-85-191)

William Blackwell, Service Representative, for claimant.
Andrew Lopez, Attorney at Law, for respondent.

PER CURIAM:

On April 11, 1985, the claimant's Service Representative was driving a
1985 Chevrolet Astro
Van on Route 161, McDowell County, when the vehicle struck two potholes.
Claimant's Service
Representative was proceeding from Pageton toward Thorpe to service the
mines of U. S. Steel.
The van is titled in the name of Leaseway Corporation which leases the
van to the claimant.
Claimant's Service Representative was unable to produce the lease
agreement. The vehicle
sustained damage to the tires and wheels in the amount of $209.90.
Claimant's Service
Representative estimated the larger hole to be 28 inches long and the
smaller hole to be 16
inches long. He testified that he judged the two holes to be four inches
wide and eight inches
deep. He did not know how long the potholes had been in existence.


No evidence was introduced at the hearing to establish that the
respondent was aware of, or
had any knowledge of, the existence of these two potholes. This Court
has consistently held that
the State is not an insurer of the safety of motorists using its
highways; thus, as there was no
showing of negligence on the part of the respondent, the Court denies
the claim.

Claim disallowed.
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