OPINION ISSUED OCTOBER 25, 1985
WALTER J. DAVIS
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimant, Walter Jasper Davis, alleges in his Notice of Claim that
on January 25, 1985, at approximately 5:45 p.m., claimant's son,
Walter Jay Davis, was travelling on Pennsylvania Avenue in
Fairmont, West Virginia. The vehicle, a 1985 Ford Escort, driven by
claimant's son, was damaged by cinders and chips of limestone from
a truck. Damage to the paint and the fenders of the vehicle
amounted to $246.75.
At the hearing, claimant's son testified that at the time of the
incident, it was snowing, the road was slick, and traffic had
halted as a result of the inclement weather. Claimant's son stated
that the truck passed him three times, dispensing cinders, and that
on the third time the cinders struck his vehicle. Claimant's son
ascertained that the truck was respondent's vehicle, as he observed
that there was a logo on the truck which identified it as a vehicle
of the Department of Highways.
The Court is of the opinion that the claimant has established that
the truck was owned and operated by the respondent, and that its
driver was operating it negligently under the prevailing
conditions, and therefore makes an award to the claimant in the
amount of $246.75. Sage v. Dept. of Highways, 14 Ct.Cl. 68 (1981).
Award of $246.75.