Claimant's husband, James E. Jarrell, appeared for claimant.
Andrew Lopez, Attorney at Law, for respondent.


On July 27, 1985, the claimant's husband was driving the claimant's
1982 Chevrolet Monte
Carlo on Cabin Creek Road, Kanawha County, when the vehicle struck a
pothole. The vehicle
sustained damage to the tire and wheel in the amount of $237.25. The
husband of the claimant,
James E. Jarrell, originally filed this claim in his own name and that
of his wife, Bonnie Faye
Jarrell. However, the record reflects that his wife was the sole titled
owner of the vehicle. The
Court then, upon Mr. Jarrell's agreement, amended the style of the claim
to delete James E.
Jarrell as a party claimant. Claimant's husband testified that he
estimated the pothole to be seven
inches deep, twelve inches wide, and sixteen inches long. Claimant's
husband had observed the
pothole and believed it had been in existence for two months prior to
this accident.

Claimant's husband also testified that he had notified respondent
office in Charleston, by
telephone, about two or three weeks prior to this incident, concerning
this pothole and other
potholes beyond it on the same road. He could not identify the person
who took his complaint.
Although the respondent may have had actual notice of the existence of
the pothole in the road,
the claimant's husband was operating the vehicle at an estimated speed
of 40 miles per hour, an
excessive rate of speed for the conditions then and there existing.

It is the opinion of the Court that although the respondent may have
been negligent, the
negligence of claimant's husband was equal to or greater than that of
the respondent. The Court
therefore denies the claim.

Claim disallowed.