OPINION ISSUED DECEMBER 12, 1986
RETTIE LOUISE HAMON
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On November 11, 1985, between 7:30 and 7:45 P.m., claimant was
operating her 1980
Chevrolet Camaro, coming off Route 34 onto Great Teays Boulevard,
County, when her vehicle struck a pothole. Claimant seeks $181.40
damage to the tires of
The testimony revealed that claimant was travelling north toward
Charleston. She was
travelling at approximately 10-15 miles per hour. The claimant
that the weather was bad.
It was foggy and had been raining at the time this incident
The left front and left rear
tires of her vehicle were damaged. She estimated the hole to be
feet long, four feet wide,
and two feet deep. Although claimant had driven this route before,
had not noticed this hole.
While the respondent is not an insurer of the safety of motorist
the highways of the State,
it does have the affirmative duty of using reasonable care for
safety. Although there was no
direct evidence of the existence of this defect, the Court is of
opinion that it did have
constructive notice. The size of the pothole is indicative of its
presence for a substantial period
of time prior to the date of this incident. See Stone v. Dept. of
Highways, 12 Ct.Cl. 259 (1979)
and Miller v. Dept. of Highways, CC-85-12 (1985). The Court hereby
an award to the
claimant in the amount of $181.40.
Award of $181.40.