OPINION ISSUED AUGUST 8, 1988

CHERYL A. BOGGAN
VS.
BOARD OF REGENTS

(CC-87-474)

Claimant appeared in person.
Robert D. Pollitt, Senior Assistant Attorney General, for respondent.

PER CURIAM:

On October 21, 1987, claimant was walking on Fayette Pike behind the
General Classrooms
Building of West Virginia Institute of Technology. She is employed by
the school. She was
forced to go around an illegally parked vehicle and as she did, she
tripped. She made contact
with a rusty, sharp pipe. The pipe damaged claimant's boots, and she
seeks $83.99.

Claimant testified that the pipe was located on school property in a
grassy area. She contacted
the school authorities, and the pipe was removed. She was accompanied by
Clay McGara and
admitted that she may have been in a conversation with him at the time
of the incident. She
indicated that the sidewalk in this area is approximately 4-4 1/2 feet
wide. She walks this route
approximately once a day and had not observed the pipe prior to this
incident.

The record does not support a finding of negligence on the part of the
respondent. The hazard
was not located on the sidewalk. There is no indication that respondent
had either actual or
constructive notice of the defect. For that reason, the Court must deny
the claim.
Claim disallowed.