| Volume Number: 30
Category(s): STREETS AND HIGHWAYS |
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| Opinion Issued June 15, 2015 | |
| ROGER NANCARROW AND EDITH L. NANCARROW | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-0304) | |
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Claimant Roger Nancarrow appeared pro se. C. Brian Matko, Attorney at Law, for Respondent. |
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| PER CURIAM:
Claimants brought this action for vehicle damage which occurred when their 2000 Dodge Stratus struck a tire on the travel portion of the roadway on Big Tyler Road near Cross Lanes, Kanawha County. Big Tyler Road is a public road maintained by Respondent. The Court is of the opinion to deny this claim for the reasons more fully stated below. The incident giving rise to this claim occurred at approximately 9:45 a.m. on February 20, 2014. At the time of the incident, Claimant Roger Nancarrow was traveling south on Big Tyler Road on his way to work when he encountered a tire lying in the middle of the lane ahead. Claimant stated that there was no room on the sides to go around the tire, and he could not stop because there were cars close behind him. Claimant testified that he tried to straddle the tire with his vehicle, but when he passed over it the rim of the tire tore a hole in the oil pan of his vehicle. As a result of this incident, Claimants’ vehicle sustained damage in the amount of $254.26. As Claimants’ insurance declaration sheet indicates that their collision deductible is $250.00, Claimants’ recovery is limited to that amount. It is the Claimants’ position that Respondent knew or should have known about the tire in the roadway on Big Tyler Road, 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 position of the Respondent is that it did not have actual or constructive notice of the tire in the road at the time of the incident. Respondent presented no witnesses. 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, Claimants 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). In the instant case, the Court is of the opinion that Respondent did not have actual or constructive notice of a foreign object in the travel portion of Big Tyler Road. While the existence of a tire, complete with a metal rim, in the roadway would create a dangerous driving condition, there is no evidence that Respondent had notice of such a hazard. Accordingly, there is insufficient evidence of negligence on the part of Respondent upon which to base an award. In view of the foregoing, the Court is of the opinion to and does deny this claim. Claim disallowed. |
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| Summary: |
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