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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): STREETS AND HIGHWAYS
Opinion Issued August 19, 2014
TANYA B. CURRENCE
VS.
DIVISION OF HIGHWAYS
(CC-13-0560)
     Claimant appeared pro se.
     C. Brian Matko, Attorney at Law, for Respondent.
     PER CURIAM:
      Claimant brought this action for vehicle damage which occurred when her 2012 Buick Verano struck a piece of dislodged guardrail while she was traveling on I-79 near Jane Lew, Lewis County. I-79 is a road maintained by Respondent. The Court is of the opinion to deny the claim for the reasons more fully stated below.
      The incident giving rise to this claim occurred at approximately 5:30 p.m. on September 27, 2013. Claimant testified that while traveling southbound, she witnessed a truck in front of her strike a guardrail. Claimant stated that the guardrail became dislodged and landed in the travel portion of the highway. Claimant’s vehicle then struck the guardrail. Claimant testified that the road conditions on the date of the incident were clear and dry; however, Claimant did not have enough time to react before striking the guardrail. As a result of this incident, Claimant’s vehicle sustained damage to its bumper and tires in the amount of $1,611.53. Claimant carried a $500.00 collision insurance deductible amount on the date of the incident.
      The position of the Respondent is that it did not have actual or constructive notice of the condition on I-79 at the site of Claimant’s accident for the date in question.
      The well-established principle of law in West Virginia is that the State is neither an insurer nor a guarantor of the safety of travelers upon its roads. Adkins v. Sims, 130 W.Va. 645, 46 S.E.2d 81 (1947). In order to hold respondent liable for road defects of this type, a claimant must prove that respondent had actual or constructive notice of the defect and a reasonable time to take corrective action. Chapman v. Dep’t of Highways, 16 Ct. Cl. 103 (1986).
      In the instant case, the Court is of the opinion that Respondent did not have actual or constructive notice of the presence of the dislodged guardrail along I-79 on the date of the incident. Without a showing of notice, this Court cannot recommend an award be made. Claimant has failed to establish that there was in fact notice.
      In view of the foregoing, the Court is of the opinion to and does deny this claim.
      Claim disallowed.
     
Summary:
     


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