OPINION ISSUED SEPTEMBER 25, 1986
HARLEY NANCE AND GENEVIEVE NANCE
DEPARTMENT OF HIGHWAYS
Claimant Harley Nance appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
In January or February of 1985, claimant Harley Nance was
Fairmont on the 6th Street Bridge in Huntington, Cabell County. He
travelling from West
Virginia to Ohio when his vehicle struck a hole in the bridge.
Harley Nance originally
filed this claim in his own name; however, the record reflects the
vehicle is titled in both his name
and that of his wife, Genevieve Nance. The Court, on its own
amended the style of the
claim to include Genevieve Nance as a party claimant. Claimant
that when he was seated
in his vehicle, he was unable to see down the length of the bridge.
vehicle struck the hole in
the bridge with the left front wheel. The control arm of the
required replacement, and its
cost, in addition to the cost of the alignment of the vehicle,
The claimant Harley Nance was alone in the vehicle at the time of
incident. He testified that
before his vehicle struck the hole, he had travelled this same
eight or ten times a week. He
stated that he probably had noticed that hole before. No repairs
done on the vehicle as it
was traded in for another vehicle. In the opinion of the claimant Harley
Nance, the cost to repair
the vehicle is approximately $175.00.
It is the opinion of the Court that, although the respondent may
been negligent, the
negligence of the claimant Harley Nance was equal to or greater
that of the respondent.
Claimant Nance frequently travelled this route prior to this
He should have been aware
of the general state of disrepair of the bridge and taken the
precautions. For these
reasons, the Court denies the claim.