OPINION ISSUED DECEMBER 12, 1986

WILLIAM E. CARR
VS.
DEPARTMENT OF HIGHWAYS

(CC-86-41)

Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.

PER CURIAM:

On March 15, 1985, at approximately 6:30 a.m., claimant was operating
his 1982 Concord
Stationwagon in a westerly direction on Interstate 64 in the vicinity of
the State Capitol.
Claimant's vehicle and two other vehicles were involved in an accident.
Respondent had been
working on a wall at this location. There was "metal that crosses the
crack in the road." The first
vehicle struck this metal expansion Joint. The second vehicle hit the
expansion joint. Claimant's
vehicle was following these vehicles. Claimant's vehicle struck the
second vehicle which resulted
in damage to claimant's vehicle. All of the damage to claimant's vehicle
was covered by his
insurance with the exception of a $100 deductible. Claimant seeks the
amount of the deductible.

Claimant's own testimony revealed that it was pitch dark and dry. He
drove this route daily,
and on the day before this incident, claimant did not notice anything
unusual at this location. This
incident occurred just as the first vehicle struck the expansion joint.

No evidence was introduced at the hearing to establish that the
respondent was aware of, or
had any knowledge of, the condition of this metal expansion joint on the
subject section of I-64.
This Court has consistently held that the State is not an insurer of the
safety of motorists using its
highways; thus, as there was no showing of negligence on the part of the
respondent, the Court
denies the claim.

Claim disallowed.

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