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


On August 17, 1987, claimant was operating her 1987 Dodge Shadow on
I-77, near
Pocatalico in Kanawha County, in the southbound lanes, at approximately
7:30 a.m. The left
lane was closed to the travelling public. Claimant's vehicle struck a
hole located in the left lane
and extending approximately one foot into the right lane. Claimant seeks
$226.47 for damages
to the automobile's left front tire and strut.

Claimant testified that respondent had been working on this portion of
I-77 highway during the
summer of 1987. There were barrels located at the areas where respondent
was working, but
not at the particular location of the accident. She had travelled this
route several weeks prior to
the incident. The construction workers had been moving from section to
section on the highway
while working during the summer months of 1987.

Herbert C. Boggs, Interstate Maintenance Assistant for respondent,
testified that he was
aware of work being bone on August 17, 1987. West Virginia Paving was
the contractor for
the work being performed. Respondent had inspectors at the job site who
were responsible for
seeing that proper traffic control was maintained and barriers were
erected. If barrels are
missing, it is the inspector's duty to see that the contractor replaces

It is the opinion of the Court that there was a breach of duty owed to
the travelling public by
respondent to oversee proper safety controls on a project. However, the
claimant was travelling
on the interstate highway during the daylight hours. She also was in a
position to observe the cut
areas of the highway. The Court is of the opinion that the claimant was
also negligent, and her
negligence was equal to or greater than that of the respondent. The
Court therefore denies the
claim based upon the comparative negligence of the claimant.

Claim disallowed.