OPINION ISSUED FEBRUARY 13, 1986
JACK AND VERA MCMILLAN
DEPARTMENT OF HIGHWAYS
Jack McMillan appeared for claimants.
Andrew Lopez, Attorney at Law, for respondent.
On June 30, 1985, at about 11:30 o'clock p.m., claimant Jack
was operating the
claimants' 1983 Oldsmobile Cutlass Supreme Calais on Route 61
Paintsville to Charleston, when he crossed a bridge at Slaughter's
Creek. His wife and adult son
were with him in the automobile. The two left wheels of the vehicle
struck a pothole on the
bridge. Claimant did not see the pothole before he hit it. He
that it was approximately
one foot by one foot and that it went "clear through the bridge" in
reference to its depth.
Claimant had travelled this route frequently before this incident.
left wheels and tires of the
vehicle were damaged. Claimant's actual monetary loss amounted to
$267.00 as his insurance
covered the balance of the cost of the damage.
Claimant's son, Frank Lee McMillan, a truck driver, testified that
had been aware of the
existence of the pothole for the better part of a year prior to the
accident. He stated that during
that year, a steel plate had been used by respondent to cover the
pothole, but that the plate was
often knocked off, as on the night of this incident.
It is the opinion of the Court that respondent's negligence was
proximate cause of the
damage to the claimants' car; that claimants are entitled to an
the amount of $267.00.
Award of $267.00.