| Volume Number: 30
Category(s): STREETS AND HIGHWAYS |
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| Opinion Issued May 23, 2014 | |
| SHARON A. JONES | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-13-0436) | |
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Claimant appeared pro se. C. Brian Matko, Attorney at Law, for Respondent. |
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| PER CURIAM:
Claimant, Sharon Jones, brought this action to recover damages which occurred when her 2000 Chrysler 300M struck a manhole cover while traveling along Adams Street in Fairmont, Marion County. Adams Street is a public road; however, it is not maintained by Respondent. The Court is of the opinion to deny an award in this claim for reasons more fully stated below. The facts giving rise to this claim occurred on May 30, 2013, at approximately 4:30 p.m. Claimant testified that while returning to her home on Grant Street she decided to take the Adams Street route. Claimant stated that while traveling along Adams Street her vehicle struck a manhole. Claimant then testified that upon making the turn onto Grant Street her vehicle struck a hole in the travel portion of that roadway. Claimant stated that the driving conditions on the date of the incident were clear and dry. She also stated that she was familiar with these two route because she drove them routinely. Claimant carried a $500.00 collision insurance deductible amount on the date of the incident. Respondent’s witness, Michael Roncone, Marion County Administrator, testified that Adams Street and Grant Street are not in the Respondent’s system; that they are in fact City roads. Therefore, Respondent argues that Claimant’s claim should be denied for this Court’s lack of jurisdiction. The Court is persuaded by Respondent that this Court lacks jurisdiction in this matter. At the hearing, Respondent presented evidence through maps and testimony to establish that the roadway in question is controlled by the City of Fairmont. Therefore, Claimant may not make a recovery in this claim. It is the opinion of the Court of Claims that the Claimant’s claim should be, and is hereby, denied due to this Court’s lack of jurisdiction. Claim disallowed. |
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| Summary: |
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