OPINION ISSUED DECEMBER 12, 1986

DEBORAH D. PADGETT
VS.
DEPARTMENT OF HIGHWAYS

(CC-86-63)

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

PER CURIAM:

On September 24, 1985, at approximately 2:45 p.m., claimant was
operating her 1979
Mercury Cougar. She was leaving Mount View and proceeding north on State
Route 52,
known as Virginia Avenue, when her vehicle struck a grate. The grate was
loose and flipped up
against the vehicle. Claimant seeks $654.78 for damage to her vehicle
which resulted from this
incident.

The testimony of the claimant revealed that on the day on which this
incident occurred, it was
dry and sunny. The highway in question is a two-lane highway, but the
center line is not marked.
Claimant was travelling at about 15-20 miles per hour. The grate is
located on the right side of
the sidewalk. The grate is approximately 24 inches from the curb. The
claimant was aware of
the presence of the grate as she had travelled this route prior to this
incident. On this occasion,
though, the grate "flipped out." The right, rear quarter panel of
claimant's vehicle was damaged.

The Court has consistently held that the State is neither an insurer
nor a guarantor of the safety
of persons travelling on its highways. Adkins v. Sims, 130 W.Va. 645
(1947). The evidence
reveals that the loose condition of the grate occurred suddenly. The
record reflects no notice
being given respondent of the condition of the grate prior to claimant's
incident. The Court,
therefore, perceives no negligence on the part of the respondent, and
the claim must be denied.

Claim disallowed.

___________