MacKnight v. Department of Highways

WALLACE, JUDGE:

The claimant, James C. MacKnight, filed this claim against the respondent for damages to his 1977 Ford Pinto automobile.

Early in the afternoon of April 23, 1978, the claimant was driving his automobile on Route 3 south of New Haven, West Virginia, at approximately 35 miles per hour. It was cloudy and the road was wet. As he proceeded over a small rise in the highway, he came upon a hole in the road. In an attempt to miss the hole, he veered to the right onto the berm of the highway. The right front wheel struck the hole, damaging the tire and rim.

In order for negligence on the…