OPINION ISSUED AUGUST 8, 1988
ORVILLE GLEN LUSK
VS.
DEPARTMENT OF HIGHWAYS
(CC-88-58)
Claimant appeared in person.
 Nancy J. Aliff, Attorney at Law, for respondent.
PER CURIAM:
 On January 30, 1988, claimant's daughter, Marsha Lusk, was
 operating 
her father's vehicle, a 
1983 Ford EXP, on Route 99 in Bolt, West Virginia. The vehicle
 struck 
loose cinders located 
on the roadway and extending into the berm, and entered a pothole.
 The 
vehicle was totalled, 
and claimant seeks $3,000.00.
 Marsha Lusk testified that she was travelling between 40 and 45
 miles 
per hour. It was 8:30 
p.m., and "hazy". She was proceeding from Oceana to Beckley, and
 was 
accompanied by two 
of her friends. As she started around a curve, the automobile
 struck 
loose cinders, and entered 
a pothole. She lost control of the vehicle. The vehicle landed on
 its 
side between a tree and a 
fence post. She had driven this route the week before this
 incident, but 
she had not noticed the 
problem then.
 Deputy Sheriff Eric Rogers testified he had investigated the
 accident. 
He observed cinders and 
salt on the roadway. He stated that it was normal snow removal
 material. 
It was foggy, the road 
surface was wet, and ice had formed over the hole. The accident
 vehicle 
travelled, from the time 
it left the roadway, between 120 and 125 feet.
 Mr. Dale R. Wooten, foreman at the Bolt Outpost for respondent, 
testified that he was familiar 
with the location of the accident. The records indicate that this
 area 
was treated with normal ice 
removal treatment on January 28, 1988.
 The claimant's daughter was operating the vehicle at 40-45 miles
 per 
hour, an excessive rate of 
speed for the conditions then and there existing. Negligence on 
respondent's part, therefore, has 
not been shown. Since 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)],
 this 
claim must be 
denied.
 Claim disallowed.