OPINION ISSUED FEBRUARY 13, 1986
DORSEL D. PARSONS
DEPARTMENT OF HIGHWAYS
John G. Anderson, Attorney at Law, for claimant.
Andrew Lopez, Attorney at Law, for respondent.
On June 9, 1980, at approximately 3:30 a.m., claimant was driving
father's automobile, a
1977 Chevrolet Monte Carlo, from Hurricane to Winfield, Putnam
At a point near
Shop-a-Minit on that route, claimant suddenly lost control of the
vehicle, veered to the right,
went off the berm over an embankment, and flipped the car onto its
It had been raining the
evening before the accident. In explaining what happened, claimant
testified that there was a
vehicle coming at him with its bright lights on. On cross
claimant testified that in a
statement to the police officer he had indicated that lit looked
the other car was in my lane
coming at me."
Claimant sustained physical injuries and damage to the vehicle,
seeks an award of
$10,000.00. Claimant alleges that the respondent was negligent for
failing to maintain the berm
of the road in proper condition and for failing to install a guard
between the road and the
From the record, there is no evidence of negligence on the part of
respondent which was
the proximate cause of the accident. Neither the maintenance of the
nor the lack of a guard
rail caused the accident. Accordingly, the Court is of the opinion
and does disallow the claim.