| Volume Number: 30
Category(s): STREETS AND HIGHWAYS |
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| Opinion Issued June 15, 2015 | |
| VICTOR A. PREISER | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-1232) | |
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Claimant appeared pro se. C. Brian Matko, Attorney at Law, for Respondent. |
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| PER CURIAM:
Claimant, Victor A. Preiser, brought this action to recover damages which occurred when his 2004 Chrysler PT Cruiser struck a large hole in the travel portion of the roadway while traveling along Route 817 near Winfield, Putnam County. Route 817 is a public road maintained by Respondent. The Court is of the opinion to make an award in this claim for the reasons more fully stated below. The incident giving rise to this claim occurred at approximately 5:30 p.m. on March 11, 2014. At the time of the incident, Claimant was traveling on Route 817 when his vehicle struck a large hole in the roadway, damaging the tires and rims of his vehicle. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $2,876.42. As Claimant’s insurance declaration sheet indicates that his collision deductible is $1,000.00, Claimant’s recovery is limited to that amount. It is Claimant’s position that Respondent knew or should have known about the large hole on Route 817 which created a hazardous condition to the traveling public, and that Respondent was negligent in failing to properly maintain the road prior to the incident. 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, Claimant must prove that Respondent had actual or constructive notice of the defect and a reasonable amount of time to take corrective action. Pritt v. Dep’t of Highways, 16 Ct. Cl. 8 (1985); Chapman v. Dep’t of Highways, 16 Ct. Cl. 103 (1986). At the hearing in this matter, Respondent admitted liability for the incident. This Court accepts Respondent’s admission to liability and finds that Respondent had at least constructive notice of the existence of the hole on Route 817 at the time of the incident. The Court thus finds that Respondent is negligent, and Claimant is entitled to recover for his loss as proven by the evidence. In view of the foregoing, and in light of the evidence of damages presented by Claimant, it is the opinion of the Court of Claims that the Claimant should be awarded the sum of $1,000.00. Award of $1,000.00. |
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| Summary: |
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