OPINION ISSUED APRIL 30, 1986
NAOMI A. CLARK
DEPARTMENT OF COMMERCE
Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.
On July 28, 1985, in a designated parking spot at Beech Fork
Campground, claimant's 1977
Ford LTD was vandalized. The four tires were slashed, and the
and oil filter were
damaged. The automobile, which is titled in Tennessee solely in
claimant's name, was clearly
visible from claimant's camp site. The incident occurred sometime
12:00 midnight. The
repairs to claimant's automobile amounted to $574.30.
Claimant testified that she and a friend were camping with her
dog barked at one
point, but neither claimant nor her companion arose at that time.
following morning claimant
discovered the damage to her vehicle. The camp sites on either side
claimant's camp site were
not occupied that evening.
Steven Bolar, park superintendent of Beech Fork State Park,
that entrance to the
park is gained through one central booth. The gate remains open
10:00 p.m. After 10:00,
only those people who are camping are permitted into the park. That
the only access by
vehicle. There is access by means of the woods surrounding the
4:00 a.m. on July 28,
1985, individuals inquired about the whereabouts of claimant and
companion's camping site.
After being refused entrance to the park, they sent a note to
trailer, allegedly of an
emergency. Neither claimant nor her companion responded to the
Mr. Bolar stated
that park attendants had been through the area in which claimant
camping six times on July
28 and found no trouble. There are four thousand acres on the State
The record in this case fails to disclose any negligence on the
respondent. Beech Fork
State Park was properly patrolled on the evening in question, and
unauthorized persons were
denied entry to the park area after 10:00 p.m. No negligence on the
of the respondent was
established; therefore, the claim must be denied.