Jeter v. Department of Highways

WALLACE, JUDGE:

The claimant testified that her fiance was driving her automobile west on MacCorkle Avenue in the City of Charleston, West Virginia about 10:00 p.m. on January 30, 1976; that he had slowed down to approximately 20 mph preparatory to making a left hand turn. She further testified that the driver swerved to miss a hole in the pavement but failed and the impact knocked off a hubcap which in turn damaged the fender. She stated that they went back to the *155scene of the accident a week later to take a picture of the hole but it had been filled. The claimant did not see the hole but…