OPINION ISSUED APRIL 30, 1986
RAYMOND L. SMITH
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
At approximately 11:00 p.m., on July 28, 1985, claimant was
his Audi GT Coupe in
a southerly direction on Interstate 79, approximately four miles
Jane Lew, Harrison County.
According to the testimony of claimant, it was dark and the road
dry. Claimant was
driving at approximately 55 miles per hour and passed two signs,
"End Construction," respectively. After the last sign, claimant
travelled five or six more miles,
and his vehicle struck a depressed area on a bridge caused by
roto-milling. As a result, three
tires and four tire rims were damaged and the vehicle was knocked
alleges damages to the vehicle in the amount of $1,449.00.
Claimant testified that there were two vehicles in front of him,
white automobile and a truck.
These vehicles slowed, and claimant attempted to pass the
became even with the automobile, his vehicle hit the depression and
two front tires blew out.
The truck stopped and let claimant's vehicle proceed across the
onto the berm.
After the accident, claimant contacted respondent and went to
respondent's district office. He
was informed that respondent's road crew had "roto-milled" part of
bridge the day before the
accident. There were no warning signs posted that roto-milling was
performed on the
It is the opinion of the Court that respondent was negligent in
to warn the travelling
public of a hazardous condition on an interstate bridge. See Davis
Dept. of Highways, 12
Ct.Cl. 31 (1977). The Court therefore makes an award to claimant in
amount of $1,449.00.
Award of $1,449.00.