OPINION ISSUED JANUARY 18, 1988
ROBERT L. WRIGHT AND
ROBIN L. WRIGHT
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimants are the owners of a 1980 Chevrolet Monza which was
when it struck a
pothole on U.S. Route 19 in Fairmont, Marion County, on April 12,
The claimants seek
$261.87 for damage to the vehicle.
Claimant Robert L. Wright testified that he was traveling
a.m. It was raining heavily at the time of this accident. He stated
the pothole was located six
to eight inches from the edge of the road, and that he was
a speed of 30-35 mph.
He drove the road on a daily basis and had contact respondent
the holes on this
route a week to three days before the accident. The damage to the
vehicle consisted of a
damaged shock, a cracked A frame, a bent rim and a damaged tire.
Harold E. Beerbower, Marion County Supervisor for respondent,
that repairs were
made to this section of road on March 10, 1987 and on March 17 and
1987. Cold mix was
utilized on the former date and hot mix was utilized on the latter
dates. He does not recall any
complaints immediately prior to April 12, 1987 regarding this
U.S. Route 19 serves major city-to-city travel and respondent must
held to a high standard
of maintenance. The record reveals that this particular section of
highway was patched within a
month of the date of this incident. A properly patched highway
last longer than one
month. There is evidence that the respondent had more than
notice that the hazard had
reoccurred. Respondent's failure to adequately maintain the highway
constitutes negligence on its
part. The Court, therefore, makes an award in the amount sought.
Award of $261.87.