OPINION ISSUED DECEMBER 12, 1986
BRADY C. SINGLETON
DEPARTMENT OF HIGHWAYS
Mary Ann Singleton appeared for claimant.
Nancy J. Aliff, Attorney at Law, for respondent.
On June 6, 1985, between approximately 3:00 and 3:30 P.m.,
wife was operating
her husband's 1977 Monte Carlo in a southerly direction, in
between Robin Hood and
Bandytown, when the vehicle struck a pothole. The left front and
rear tires and a rim of the
vehicle were damaged in the amount of $ 210.55.
Claimant's wife, Mary Ann Singleton, testified that she had driven
husband to his place of
employment, the Peabody Coal Co. She was accompanied in his vehicle
Claimant's wife testified that it was raining and cloudy, and the
was wet. The vehicle struck
several holes which were filled with water. Claimant's wife could
by route designation or
name, identify the road on which they were travelling when this
occurred. it is a two-lane,
asphalt road. Claimant's wife was driving at approximately 20 - 25
per hour. Claimant's
wife did not travel this route on a frequent basis.
No evidence was presented to show that the respondent had actual
constructive notice of
the existence of the pothole in question. Such evidence must be
established in order for the
respondent to be found guilty of negligence. Furthermore, the claimant
has failed to show, to the
satisfaction of this Court, that the road where the incident
highway. The Court must therefore deny the claim.