OPINION ISSUED JANUARY 18, 1988
LINDA RODEHEAVER AND
DEPARTMENT OF HIGHWAYS
Richard K. Wehner, Attorney at Law, for claimants.
Nancy J. Aliff, Attorney at Law, for respondent.
On July 10, 1986, claimant Linda Rodeheaver, accompanied by her
Rodeheaver, was driving their recently purchased 1986 Mercury
119/3,Monongalia County, when the vehicle struck a pothole Two
two tires and two
beauty rings were damaged in the amount of $601.83.
Claimant Linda Rodeheaver testified that she was travelling at
approximately 35 mph at the
time of the accident. The road is a two-lane roadway, but it is
than normal. She had
not observed the hole prior to this accident. The record indicates
the hole extended from
the white edge line into the highway. It was located at the end of
driveway of a private
residence. She drove this route infrequently. She reported the
the next day to
respondent's office in Kingwood. Respondent's representative at
respondent was aware of the existence of this particular hole.
The respondent had actual notice of the defect in the roadway. The
respondent failed to
adequately maintain the roadway and, the Court, accordingly, finds
negligent. In view of the foregoing, the Court makes an award in
amount of $601.83.
Award of $601.83.