OPINION ISSUED JULY 29, 1986
LARRY FARLEY AND LINDA FARLEY
DEPARTMENT OF HIGHWAYS
Claimants appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
This claim was originally styled in the name of Larry Farley, but
testimony indicated that
the vehicle, a 1985 Datsun Maxima, was titled in the name of Larry
Farley and Linda Farley, the
Court, on its own motion, amended the style to include Linda Farley
an additional claimant.
Claimant Linda Farley testified that she was travelling north on
85, in the vicinity of the
Well's plant, when her vehicle hit a pothole. The incident occurred
April 5, 1985, at
approximately 6:50 a.m. Claimant Larry Farley testified it occurred
approximately 3/10 of a mile
north of a railroad crossing, at Wharton, Boone County, West
The weather conditions
that day were good. Another vehicle, travelling south, cut over and
crowded claimant's vehicle.
For that reason, she went to the right of the pothole to avoid it.
left tire of her vehicle struck
the pothole. Claimant Linda Farley testified that she was aware
pothole was there. She
described it as being, " ... about the whole lane of traffic. A
aluminum rim were replaced
for a total cost of $346.86.
The State is neither an insurer nor a guarantor of the safety of
motorists on the highways.
Adkins v. Sims, 130 W.Va. 645, 46 S.E.2d 81 (1947). In order for
respondent to be found
liable for the damages incurred, proof of notice, either actual or
constructive, of the defect in
question must be shown. As there was no
such evidence presented, the claim must be denied.