Church v. Department of Highways

RULEY, JUDGE:

On March 9, 1978, at about 12:30 a.m., the claimant, while proceeding from Oak Hill to Pineville in his 1977 Grand Prix automobile, drove over and along what is commonly referred to as the Old Rhododendron Trail. The claimant described the road, other than the area where the pothole was located, as a great piece of highway, and he explained that he struck the pothole because it was filled with water and thus could not be observed. No evidence was introduced to establish that respondent knew or should have known of the existence of this pothole. Damages were in the total amount of…