OPINION ISSUED JANUARY 18, 1988
LINDA RODEHEAVER AND
VON RODEHEAVER
VS.
DEPARTMENT OF HIGHWAYS
(CC-86-340)
Richard K. Wehner, Attorney at Law, for claimants.
Nancy J. Aliff, Attorney at Law, for respondent.
PER CURIAM:
On July 10, 1986, claimant Linda Rodeheaver, accompanied by her
husband, Von
Rodeheaver, was driving their recently purchased 1986 Mercury
Cougar on
Route
119/3,Monongalia County, when the vehicle struck a pothole Two
wheels,
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
narrower
than normal. She had
not observed the hole prior to this accident. The record indicates
that
the hole extended from
the white edge line into the highway. It was located at the end of
a
driveway of a private
residence. She drove this route infrequently. She reported the
incident
the next day to
respondent's office in Kingwood. Respondent's representative at
Kingwood
admitted that
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
that
respondent was
negligent. In view of the foregoing, the Court makes an award in
the
amount of $601.83.
Award of $601.83.