OPINION ISSUED JULY 29, 1986
AETNA CASUALTY & SURETY, AS SUBROGEE OF ROBERT W. DAVIS, AND
ROBERT W. DAVIS, INDIVIDUALLY
DEPARTMENT OF HIGHWAYS
Robert W. Davis, subrogor, appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimant's subrogor testified that he was driving his vehicle, a
Chevrolet Monza, on
Clear Fork Road, from Beckley to Whitesville, West Virginia, at
approximately 7:00 p.m., on
October 24, 1984, when the vehicle hit a ditch. It was dark at the
and he was travelling at
30-40 miles per hour. He estimated the ditch to be between eight
inches deep and two
feet wide. Claimant had travelled the same route several days
and had not observed the
ditch. The lower left control arm, a shock absorber, and a wire
cover were replaced at a
cost of $232.94. Robert Davis paid $100.00, the amount of his
deductible, and the subrogee
insurance company reimbursed him for $132.94.
Claimant's subrogor further testified that he had observed
equipment at this
location. There was construction work in the area. There were
warning signs nor flagmen
present near the ditch.
The Court finds that the respondent was negligent in failing to
properly maintain the
construction area. Shirley R. Adams and Billie Adams v. Dept. of
Highways, 14 Ct.Cl. 279
(1982). An award of $100.00 to claimant's subrogor and $132.94 to
company is accordingly made.
Award of $100.00 to Robert W. Davis.
Award of $132.94 to Aetna Casualty & Surety, as subrogee of Robert