OPINION ISSUED OCTOBER 4, 1985
WILLIAM H. CLAY
DEPARTMENT OF HIGHWAYS
Claimant appeared on its own behalf.
Nancy J. Aliff, Attorney at Law, for respondent.
On June 6, 1984, William H. Clay was operating his 1976 Buick
Limited north on Route 52 from Kermit to Huntington, West Virginia
at approximately 4:00 p.m. He came upon a rock extending from the
berm onto the edge of the road. He attempted to keep from hitting
the rock, but in so doing, the vehicle swerved, damaging the right
rear quarter panel and fender skirt int he amount of $101.82.
Mr. Clay testified that he had observed rock slides in the area of
Route 52 on prior occasions when it rained. He further testified
that he talked to the Wayne County Maintenance Superintendent after
There is no evidence that the respondent knew or should have known
of an unusually dangerous condition. Prom the record, there is no
showing of negligence on the part of the respondent, and
accordingly, the Court disallows this claim. See Bolyard vs.
Department of Highways, 12 Ct. Cl. 344 (1979), and Ashley vs.
Department of Highways, 14 Ct. Cl. 174 (1982).