OPINION ISSUED DECEMBER 15, 1988
DAVE MINCH AND BARBARA MINCH
DEPARTMENT OF HIGHWAYS
Claimant Barbara Jean Minch appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On April 4, 1988, at approximately 8:00 p.m. claimant was
Interstate 70 in the
vicinity of Moundsville, Marshall County, when her 1981 Ford Escort
station wagon struck a
hole. She seeks $85.21 for replacement of one tire which was
this incident and lost
wages in the amount of $15.75.
Claimant Barbara Jean Minch testified that it was daylight, and
weather was good at the
time of the accident. She described the hole as deep enough to
the reinforcing rods in the
concrete of the road. The hole was in the right hand lane
two feet from the white
line at the edge of the road. She had travelled this route on the
morning of April 4, 1988, but had
not observed the hole. After he accident, she observed other
hit the hole.
This Court has repeatedly held that respondent is neither an
nor a guarantor of the
safety of travellers on its highways. However, the respondent does
the duty of using
reasonable care in the maintenance of its highways. In the case of
heavily travelled major
highway in this State, the Court has held respondent liable for
to repair a hole of this size,
as it could not have developed overnight. See Pratt vs. Dept. of
Highways, (OPINION ISSUED
October 12, 1988); Poole vs. Dept. of Highways, 15 Ct.Cl. 65
Snodgrass vs. Dept.
of Highways, 13 Ct.Cl. 246 (1980); Bailey vs. Dept. of Highways, 13
Ct.Cl. 144 (1980);
Stone vs. Dept. of Highways; 12 Ct.Cl. 259 (1979); Baker vs. Dept.
Highways, 11 Ct.Cl.
48 (1975); and Lohan vs. Dept. of Highways, 11 Ct.Cl. 39 (1975).
Court is of the
opinion to, and does, make an award to claimants in the amount of
Award of $100.96.