Burbridge v. Department of Highways

On February 23, 1984, at approximately 5:45 p.m., claimant was driving his 1982 Escort station wagon on old Route 50, west of Salem, Harrison County, West Virginia, when he struck a pothole. The right front tire and wheel were damaged in the amount of $122.89. Clai*191mant was not aware of the pothole, which measured approximately 56” long, 30” wide, and 4” deep, prior to striking it, although he stated that there were numerous holes in that section of road.

While the State does not insure the safety of travellers on its highways, respondent does owe a duty of reasonable care and diligence in the…