OPINION ISSUED MAY 23, 1986
COMMERCIAL UNION INSURANCE CO., AS SUBROGEE OF CHARLES WILLIAM
MOONEY, AND CHARLES WILLIAM MOONEY, INDIVIDUALLY
DEPARTMENT OF HIGHWAYS
Claimant, Charles William Mooney, appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
On February 12, 1983, in the afternoon hours, claimant Charles
Mooney's vehicle, a
1982 Chevrolet Cavalier, was struck by several pieces of cement
proceeding under a
bridge on Route 60 at Cedar Grove, Kanawha County. Claimant Mooney
testified that the
weather was fair. He further testified that several pieces of
his vehicle. One piece hit
the top of the car, and one came through the windshield. Claimant
photographic evidence showing the damage to the vehicle. The
sustained damage in the
amount of $947.57. Claimant Mooney incurred the first $50.00 of the
damages in accordance
with the deductible provision in his insurance policy.
It is the claimant's contention that the concrete which hit his
came from the bridge.
However, claimant did not introduce proof to support this
finding of negligence by
respondent would require speculation, and the Court cannot
Arthur, Adm'r. vs. Dept.
of Mental Health, 12 Ct.Cl. 124 (1978). There being no basis for
presumption of negligence on
the part of the respondent, the claim is denied.