OPINION ISSUED DECEMBER 11, 1992
LARRY D. AND EVELYN L. SHRIVER
DIVISION OF HIGHWAYS
Claimants represent self.
James D. Terry, Attorney at Law, for respondent.
Claimant Evelyn L. Shriver, a resident of Rivesville, West Virginia, was operating her automobile
on West Virginia Route 17, when the vehicle struck a hole in the pavement and sustained damages.
The incident occurred on or about April 22, 1992, when claimant was returning home after a two
week trip to Michigan. The vehicle sustained damages to both of the left wheels. The cost of repairs
to the claimants was $1,296.42; however, claimants maintain insurance on their automobile with a
Claimant Evelyn L. Shriver testified that her automobile struck a large hole in the asphalt on West
Virginia Route 17. She was driving between 30 and 35 miles per hour. The incident occurred
between 9:00 and 9:30 p.m., and it was dark. She stated that there were several holes and that the
holes ranged from six to eight inches in depth. She had not noticed any holes in the pavement prior
to her trip to Michigan.
Dwayne Miller, the Marion County Assistant Supervisor for respondent, testified that there were pot
holes on Route 17, and respondent was aware of these holes. Repairs had been made with cold mix,
but respondent was unable to make permanent repairs until April 25, 1992, after claimant's accident.
Respondent did not place any signs in the area to indicate the condition of the pavement.
The Court is of the opinion that respondent had notice of the defective condition of Route 17, and
was aware that coal trucks used this route causing the pavement to deteriorate. As the respondent
failed to warn the traveling public of the condition of the pavement, respondent was negligent.
In accordance with the findings of fact and conclusions of law as stated herein above, the Court
makes an award in the amount of $100.00 to claimants for the damages to their vehicle.
Award of $100.00.