OPINION ISSUED MAY 23, 1986
COMMERCIAL UNION INSURANCE CO., AS SUBROGEE OF CHARLES WILLIAM
MOONEY, AND CHARLES WILLIAM MOONEY, INDIVIDUALLY
VS.
DEPARTMENT OF HIGHWAYS
(CC-85-355)
Claimant, Charles William Mooney, appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
PER CURIAM:
On February 12, 1983, in the afternoon hours, claimant Charles
William
Mooney's vehicle, a
1982 Chevrolet Cavalier, was struck by several pieces of cement
while
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
cement hit
his vehicle. One piece hit
the top of the car, and one came through the windshield. Claimant
Mooney
submitted
photographic evidence showing the damage to the vehicle. The
vehicle
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
vehicle
came from the bridge.
However, claimant did not introduce proof to support this
allegation. A
finding of negligence by
respondent would require speculation, and the Court cannot
speculate.
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.
Claim disallowed.
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