OPINION ISSUED NOVEMBER 19, 1985
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On October 11, 1984 at about 11:00 a.m. claimant olive Craddock
was operating her 1977 Chevrolet west on Route 10, Logan County, in
Henlawson, West Virginia. It was one-lane traffic, and a flagman
waived claimant through. To avoid hitting the flagman, claimant hit
the bridge, and incurred damage to her vehicle in the amount of
Charles Shaver, construction engineer for respondent on the
project, testified for respondent. Mr. Shaver stated that an
independent contractor, Barboursville Bridge Company, was
responsible for the work on the project. The only employees of the
respondent at the site were a supervisor and an inspector.
The record in this case does not establish any negligence on the
part of the respondent. Barboursville Bridge Company was an
independent contractor. This Court has previously held that the
respondent cannot be held liable for the negligence, if any, of an
independent contractor. Paul v. Dept. of Highways 14 Ct.Cl. 479
(1983); Harper v. Dept. of Highways 13 Ct.Cl. 274 (1980); Safeco
Insurance Co. v. Dept. of Highways 9 Ct.Cl. 28 (1971). Accordingly,
this claim must be disallowed.