OPINION ISSUED DECEMBER 3, 1987
TIMMIE J. MCMILLAN
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On July 20, 1986, the claimant was operating his 1979 Honda Gold
Route 250 south of Cameron when his motorcycle encountered gravel.
motorcycle incurred damages. Claimant submitted invoices totalling
$410.83 which is the
amount he seeks in damages.
The claimant testified that on the day of the incident, he was
travelling from his home in
Moundsville to Elkins, between 11:00 and 11:30 a.m. Weather
were good as it was
dry and sunny. The road is a blacktop, two-lane roadway, and it is
"crooked" all the way from
Cameron. Claimant's speed was approximately 40 miles per hour.
new patching on
the road. As his vehicle approached a small rise i the road and a
left-hand turn, the entire turn
was covered with very small gravel. Claimant's motorcycle slid on
gravel, whereupon it slid
over an embankment and into the woods.
Claimant further stated that the day of this incident was a
Respondent was not
working in the area at that time. Claimant has no personal
to how the gravel got
on the roadway at that location. However, he alleges that
road repair created the
gravel, and, therefore, the hazard. He noted that there were
areas on the left side of the
road, and the gravel appeared to have come across the road from the
The Court concludes that respondent had neither actual or
notice of the hazard.
Respondent cannot be held liable unless notice is established by
claimant. As there was no
such evidence presented, the claim must be denied.