Sayre v. Department of Highways

On April 28, 1984, at approximately 12:10 p.m., the claimant was operating his 1981 Audi Coupe automobile in a westerly direction on 7th Avenue in North Charleston, West Virginia, when he struck a pothole in the road which was estimated to be 18 inches long by 12 inches wide and 8-10 inches deep. As a result of the accident, claimant *223incurred expenses of $660.07. His insurance covered all but a $200 deductible, the amount of claimant’s actual out-of-pocket loss.

The claimant testified at the hearing that the weather was clear and that he was travelling about twenty feet behind a truck. The…