OPINION ISSUED DECEMBER 12, 1986
EUGENE O. WORKMAN
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimant is an employee of respondent agency. On January 17, 1985,
was working as an
equipment operator. Claimant had backed a truck into respondent's
to put chains on the
truck. The vehicle which claimant was operating was a dump truck
spreader box on it.
Claimant's testimony revealed that the time of the incident was
approximately 1:30 or 2:00 a.m.;
it was snowing steadily. As claimant got out of the dump truck, he
slipped on its snow-covered
running board. As he fell, his glasses came into contact with a
bolt protruding from the
spreader box on the dump truck. As a result, his glasses required
replacement. Claimant seeks
$126.00 for the cost of his glasses and $245.60 for vacation time
to take while new
glasses were being made.
Claimant testified that the bolt on the dump truck was in its
position at the time of this
incident, "although it should have been cut off a long time ago."
Claimant was aware of the
presence of the bolt protruding from the vehicle. He had driven
vehicle several days previous
to this incident. Claimant estimated that he first noticed the
protruding bolt on this particular
vehicle when they first started putting the spreader boxes on
winter." He had notified
Jim Ashcraft, a mechanic of respondent, of the condition of the bolt a
couple of days before the
Claimant further testified that the weather conditions were very
on the night of this
incident. Although he missed work while waiting for his eyeglasses
replaced, he did not
lose any wages from respondent.
On the basis of this record, the Court finds no evidence that the
respondent was negligent. The
Court must, therefore, deny the claim.