
    
      Opinion issued October 31, 1984
    
    CORA MARIE MERRILL vs. DEPARTMENT OF HIGHWAYS
    (CC-84-29)
    Claimant appeared in person.
    Nancy J. Aliff, Attorney at Law, for respondent.
   PER CURIAM:

On December 25, 1983, claimant was driving her 1973 Chevrolet Nova on Route 19 over the Bellview Bridge near Fairmont, West Virginia, when she struck a pothole and damaged the vehicle. The automobile sustained a cracked flywheel and damage to the starter, which were repaired at a cost of $253.00. Claimant testified that there was a light mist of snow on the ground but that the road was fairly clear. She said that she was aware of potholes on the bridge and was looking for them, but couldn’t see clearly. The pothole she struck had been fixed on several occasions over a period of “a couple of months.”

The State is neither an insurer nor a guarantor of the safety of travellers on its highways. Adkins vs. Sims, 130 W.Va. 645, 46 S.E.2d 81 (1947). For the respondent to be held liable for damages caused by the pothole, proof of notice of the defect is required. Davis Auto Parts vs. Dept. of Highways, 12 Ct.Cl. 31 (1977). The Court finds that while respondent probably had constructive notice of the defect, the claimant, with her prior knowledge of the bridge’s condition, was likewise negligent. Under the doctrine of comparative negligence, the Court is of the opinion that the claimant’s negligence was equal to or greater than the respondent’s, and disallows the claim. Hull vs. Dept. of Highways, 13 Ct.Cl. 408 (1981).

Claim disallowed.  