OPINION ISSUED DECEMBER 12, 1986
JOYCE PRIDDY
VS.
DEPARTMENT OF HIGHWAYS
(CC-86-19)
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
PER CURIAM:
On November 11, 1985, between approximately 8:00 and 9:00 p.m.,
claimant was driving her
1980 Ford Pinto on Great Teays Boulevard, from Milton, Cabell
County,
when her vehicle
struck a pothole. Claimant had been travelling on Route 34 and had
turned left onto Great Teays
Boulevard. Both the front and rear tires were damaged in the total
amount of $118.38. Claimant
was not aware of the existence of this particular pothole, but
stated
that there were always holes
in this road. The pothole measured approximately four feet long,
three
feet wide, and 24 inches
deep.
Claimant testified that Great Teays Boulevard is a two-lane,
asphalt
road. On the night of this
incident, it was misty and raining. She was travelling at
approximately
10-15 miles per hour. The
left front and left rear tires of claimant's vehicle struck the
hole.
Claimant had not driven this
route for a month before the accident.
While the State does not insure the safety of travellers on its
highways, respondent does owe a
duty of reasonable care and diligence in the maintenance of the
highways. This Court has
previously held respondent liable for damages caused by large
potholes,
where it has been
determined that respondent should have discovered and repaired the
defect. Bailey v. Dept. of
Highways, 13 Ct.Cl. 144 (1980). Burbridge v. Dept. of Highways, 15
Ct.Cl.. 190 (1984). The
Court finds that this pothole was of sufficient size that it must
have
been there for some time, and
makes an award to claimant.
Award of $118.38.
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