OPINION ISSUED OCTOBER 4, 1985
SHARON L. NICKELS
DEPARTMENT OF HIGHWAYS
J. Timothy Poore, Attorney at Law, appeared for claimant.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimant was travelling east on I-64 in Huntington, Cabell County,
West Virginia, on November 13, 1984. The road was under
construction, and traffic came to a stop causing Ms. Nickels to
apply her brakes and lose control of her car. As a result, she hit
another vehicle, and sustained damage to herself and to her car in
the amount of $4,650.00. Claimant testified that she was unaware
that 1-64 was under construction, and that she did not drive that
highway very often.
Charles A. Shaver of the West Virginia Department of Highways
testified that the accident location had been under construction
for resurfacing work by State Construction, Inc., an independent
contractor. This Court has held previously that the respondent
cannot be held liable for the negligence, if any, of an independent
contractor. See Paul vs. Department of Highways, 14 Ct. Cl. 479
(1983); Harper vs. Department of Highways, 13 Ct. Cl. 274 (1980);
Safeco Insurance Company vs. Department of Highways, 9 Ct. Cl. 28
(1971). Accordingly, the Court disallows this claim.