OPINION ISSUED DECEMBER 12, 1986

RETTIE LOUISE HAMON
VS.
DEPARTMENT OF HIGHWAYS

(CC-86-31)

Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.

PER CURIAM:

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, Teays
Valley, Putnam
County, when her vehicle struck a pothole. Claimant seeks $181.40 for
damage to the tires of
the Camaro.

The testimony revealed that claimant was travelling north toward
Charleston. She was
travelling at approximately 10-15 miles per hour. The claimant stated
that the weather was bad.
It was foggy and had been raining at the time this incident occurred.
The left front and left rear
tires of her vehicle were damaged. She estimated the hole to be three
feet long, four feet wide,
and two feet deep. Although claimant had driven this route before, she
had not noticed this hole.

While the respondent is not an insurer of the safety of motorist using
the highways of the State,
it does have the affirmative duty of using reasonable care for their
safety. Although there was no
direct evidence of the existence of this defect, the Court is of the
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 makes
an award to the
claimant in the amount of $181.40.

Award of $181.40.

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