OPINION ISSUED OCTOBER 15, 1990
TRUDY L. CORR
DIVISION OF HIGHWAYS
Claimant appeared in here own behalf.
James D. Terry, Attorney at Law, for respondent.
On March 15, 1990, claimant was operating her 1983 Chevrolet Chevette on Route 50 in
Parkersburg, West Virginia, when the vehicle struck a hole in the pavement with a couple of bricks
sticking up which caused damages to her vehicle. The total amount of her claim is $589.27, which
includes repairs to the exhaust system of the vehicle and $80.00 in lost wages for the two days of
work claimant lost while the vehicle was being repaired.
Claimant described the scene of the incident as follows. Claimant was at a multi-street intersection.
She was watching for traffic from the other streets as she turned right onto Staunton Avenue (Route
50). As there was oncoming traffic approaching from Seventh Avenue, she stayed to the right on
Staunton Avenue. Her vehicle struck the hole as soon as she had competed her turn. She did not
observe the hole prior to coming upon it.
Respondent alleges that the hole at this location was not in the travel portion, but rather in a parking
lane. Paul F. Reese, an employee of respondent, testified that the scene of the incident is in an area
where heavy trucks come around a curve and "push the bricks up out of place." He stated that he was
personally aware of the hole, but repairs were not made as the area was not in the driving lane. He
was of the opinion that vehicles had room in the lane to avoid this hole.
The Court, having reviewed the evidence in this claim, is of the opinion that respondent had actual
knowledge of the hazard which caused the damages to claimant's vehicle, and was negligent in
failing to make timely repair of the street in question.
The Court is of the opinion to and does make an award to claimant in the amount of $341.78 for lost
wages and the damages to her vehicle attributable to this incident.
Award of $341.78.