OPINION ISSUED AUGUST 8, 1988
GEORGE C. OFFUTT
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On June 10, 1987, the claimant was operating his 1986 Saab vehicle
direction on Route 45/1, Jefferson County. The vehicle struck a
formation" in the road.
Claimant seeks $75.55. This amount represents the cost of a
The claimant testified that at the time of the accident, he was
travelling at approximately 30
miles per hour at 7:45 a.m. He was proceeding to work. The weather
good. These rocks
were located on the berm, or "false shoulder" of the road. The rock
which claimant's vehicle
struck was approximately two inches from the blacktop surface of
road. It was protruding
approximately six inches above the surface of the road through the
blacktop. Vegetation covered
the rock. Claimant travels this route daily. He had not made any
complaints concerning this
hazard to respondent.
The State is neither an insurer nor a guarantor of the safety of
motorists on its highways.
Adkins vs. Sims, 130 W.Va. 645, 46 S.E.2d 81 (1947). In order for
respondent to be
found liable for the damages incurred, proof of notice, either
constructive, of the defect
in question must be shown. As there was no such evidence presented,
claim must be denied.