Legal Opinion

Farley v. Department of Highways

West Virginia Court of Claims

Decided January 17, 1986No. CC-85-123Published

1Per curiam

On February 2, 1985, the claimant was driving his 1980 Plymouth Champ southbound on Route 19 one mile north of the Muddlety exit when the car hit a pothole. The car sustained damage to one tire in the amount of $32.55. The claimant testified that he estimated the pothole to be 16 to 18 inches square, and about 5 to 6 inches deep. Claimant noted that the pothole matched a piece of asphalt laying on the road in close proximity to it.

The claimant testified that there had been recent snow removal by snowplows on the section of Route 19 where the accident occurred. It was claimant's contention…

2Cases cited4 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Davis v. Department of HighwaysWest Virginia Court of Claims · 1977
  3. Hoskins v. Department of HighwaysWest Virginia Court of Claims · 1977
  4. Hicks v. Department of HighwaysWest Virginia Court of Claims · 1980

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