OPINION ISSUED OCTOBER 25, 1985
R. MIKE VERES
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
Claimant was operating his Ford van, pulling his boat on a trailer
on Route 44 in the direction of Logan, West Virginia. There was a
large section of unrepaired road approximately three miles from
Switzer, West Virginia. Claimant's trailer hit a hole in the
unrepaired section of road. He proceeded another mile to the upper
end of Williamson, West Virginia, and hit another hole. As a
result, the trailer was totalled. The estimated replacement cost of
the trailer is $1,953.00. Claimant testified that his insurance
company paid him $1,400.00 for the loss. Claimant was unable to
provide the Court with the amount of the deductible, if any.
At the hearing, claimant testified that he did not see the holes
before he struck them. He had travelled the same route 'daily, and
said, "I probably have seen them but not to recall them being
In order for liability to exist on the part of the respondent, it
must be shown that the respondent had actual or constructive notice
of the hazard which caused the damage. Davis v. Dept. of Highways,
11 Ct.Cl 150 (1976). No evidence of notice was presented in the
record of this case; therefore, negligence has not been
established, and the claim must be denied.