OPINION ISSUED DECEMBER 12, 1986
JAY L. BOLYARD
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On April 19, 1986, at approximately 12:30 P.m., the claimant was
operating his 1984 Honda
motorcycle in a westerly direction on Kingwood Pike, at about seven
miles from the intersection
at Rivesville, West Virginia. The vehicle then ran through a
damaging its wheels and
tires in the amount of $360.00.
The claimant testified that he was travelling at approximately
miles per hour, and that on
the day of this incident, it was clear. He estimated the pothole to
31 112 inches wide, 51
inches long, and approximately 7 inches deep. The claimant rarely
travels this route. He did not
notice this hole until he was in it.
While the respondent is not an insurer of the safety of motorists
the highways of the
State, it does have the affirmative duty of using reasonable care
their safety. Although there
was no direct evidence that the respondent had actual notice of
defect, the Court is of the
opinion that it did have constructive notice. The size of the
indicative of its presence
for a substantial period of time prior to the date of this
Stone v. Dept. of
Highways, 12 Ct.Cl. 259 (1979). The Court hereby makes an award to
claimants in the
amount of $360.00.
Award of $360.00.