OPINION ISSUED OCTOBER 4, 1985
RONALD G. PRITT AND PEGGY J. PRITT
DEPARTMENT OF HIGHWAYS
Ronald G. Pritt appeared for claimants.
Andrew Lopez, Attorney at Law, for respondent.
This claim was originally filed in the name of Ronald G. Pritt,
but when testimony established that the vehicle, a 1984 Dodge Dart,
was titled in the names of both Ronald G. and Peggy J. Pritt, the
Court amended the style of the claim to reflect that fact.
On February 7, 1985, claimant was driving on Route 60 East in
Rand, West Virginia, at about 6:45 a.m. when he struck a pothole.
The pothole damaged the tire in the amount of $129.53. Mr. Pritt
testified that he drove the same route every day. He had not
noticed the pothole, and had no knowledge of how long it had been
The State is neither an insurer nor a guarantor of the safety of
motorists on its highways. Adkins vs. Sims, 130 W.Va 645, 46 S.E.
2d 81 (1947). For respondent to be held liable for defects of this
type, the claimant must prove that respondent had actual or
constructive notice of the defect. As there was no evidence of
notice, the claim must be denied.