OPINION ISSUED DECEMBER 12, 1986
WILLIAM E. CARR
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On March 15, 1985, at approximately 6:30 a.m., claimant was
his 1982 Concord
Stationwagon in a westerly direction on Interstate 64 in the
the State Capitol.
Claimant's vehicle and two other vehicles were involved in an
Respondent had been
working on a wall at this location. There was "metal that crosses
crack in the road." The first
vehicle struck this metal expansion Joint. The second vehicle hit
expansion joint. Claimant's
vehicle was following these vehicles. Claimant's vehicle struck the
second vehicle which resulted
in damage to claimant's vehicle. All of the damage to claimant's
was covered by his
insurance with the exception of a $100 deductible. Claimant seeks
amount of the deductible.
Claimant's own testimony revealed that it was pitch dark and dry.
drove this route daily,
and on the day before this incident, claimant did not notice
unusual at this location. This
incident occurred just as the first vehicle struck the expansion
No evidence was introduced at the hearing to establish that the
respondent was aware of, or
had any knowledge of, the condition of this metal expansion joint
subject section of I-64.
This Court has consistently held that the State is not an insurer
safety of motorists using its
highways; thus, as there was no showing of negligence on the part
respondent, the Court
denies the claim.