OPINION ISSUED MAY 23, 1986
FARMERS INSURANCE GROUP COMPANY, AS SUBROGEE OF MARGARET
GERRITSEN AND ADRIAN GERRITSEN
DEPARTMENT OF HIGHWAYS
Margaret Gerritsen appeared for the claimant.
Andrew Lopez, Attorney at Law, for respondent.
Claimant's subrogor, at about 4:00 p.m., on April 4, 1985, was
her 200SX Datsun on
Oakwood Road in the vicinity of the South Hills Bank. She was
accompanied by Phyllis Turley.
It was raining and the wind was blowing. A tree limb hit the top of
vehicle. The vehicle
sustained damage in the amount of $231.84.
The record reflects that the vehicle involved is titled in both
claimant's subrogor's name and
that of her son, Adrian Gerritsen. The Court amended the style of
claim to include the
insurer, Farmers Insurance Group, as subrogee, and Adrian
Claimant's subrogor testified that the tree was located on
right of way. She had
not driven on that route prior to this accident. She alleged that
tree from which the limb fell
was a dead tree. However, no evidence was introduced to support her
allegations. Phyllis Turley
confirmed claimant's subrogor's testimony.
The evidence is convincing that the storm, consisting of high
rain, blew severely
enough to break the tree limbs. However, the accident was not the
of any negligence on
the part of respondent. Shortridge v. Dept. of Highways, 11 Ct.Cl.
(1975). Accordingly, this
claim must be denied.