OPINION ISSUED DECEMBER 8, 1987
LARRY C. SPENCE
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimant seeks $159.44 for damage to his 1984 Ford Ranger pickup
His vehicle struck
a hole on I-64 between the Winfield and St. Albans interchanges, at
bridge that goes over
Rocky Step Road. The accident occurred on July 15, 1986 at
Claimant testified that at the time of the accident it was dark.
proceeding at a speed of
50-55 mph. He drives this route five days a week. The hole was not
present on the day previous
to this accident. He reported the accident at 8:30 a.m. He was
representative that the hole had been reported between the time
had the accident and
the time that claimant called. The hole was repaired the next day.
The evidence in this record indicates that the dangerous condition
appeared suddenly and that
the respondent moved promptly to take safety precautions as soon as
became aware of the
problem. Moore vs. Dept. of Highways, CC-85-153 (February 19,
Adkins vs. Sims,
130 W.Va. 645, 46 S.E.2d 81 (1947), holds that the State is neither
insurer nor a guarantor
of the safety of the motorists on its highways. The Court is of the
opinion that negligence on the
part of the respondent has not been established and, therefore, the
Court denies the claim.