OPINION ISSUED SEPTEMBER 25, 1986
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
On December 30, 1985, claimant was operating a 1976 Chevrolet
truck, owned by
him, on Witcher Creek Road, Kanawha County. The pickup truck struck
patch of ice on the
roadway and spun in the road. Claimant lost control of the vehicle
it went into a ditch.
Damage to the vehicle resulted for which claimant is seeking
Claimant testified that, on December 30, 1985, the weather was
and the roads were dry,
except for the spot where this incident occurred. He said his truck
struck the ice between 10:30
and 11:00 a.m. Claimant was travelling from his home to pick up a
of junk. He stated that
the truck hit the ice, went into a spin, hit the bank, and went
ditch on the left side of the
road. The roadway was shaded which prevented the sun from melting
ice. The highway in
question is a two-lane, blacktop highway, but it is not marked off.
is wide enough for two cars
to pass. The damage to the vehicle required the replacement of four
rods, an idle arm, a
center link, and two tires. Claimant stated that he made a
respondent on December
23 concerning this area. On that date, the road was fully covered
Roads in this State, in the winter months, frequently accumulate
An isolated patch of ice
on a highway is generally insufficient to establish negligence on
part of respondent. Cole vs.
Dept. of Highways, 14 Ct.Cl. 350 (1983). Although claimant did
concerning this road, the condition of the road on the date the
was given differed from the
condition of the road on the date of this incident. On the date of
incident, in some places the
road was dry, and in other places it was icy. It is well
that the State neither insures
nor guarantees the safety of travelers on its highways. Adkins vs.
130 W.Va. 645, 46
S.E.2d 81 (1947). For
these reasons, the Court is of the opinion to, and does, disallow