OPINION ISSUED NOVEMBER 24, 1986
WILLIAM K. CUNNINGHAM AND TRESEA J. CUNNINGHAM
DEPARTMENT OF HIGHWAYS
Claimants appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
On February 28, 1986, claimant William K. Cunningham was operating
Lynx in a westerly direction on Route 64 at the Dunbar overpass
respondent's crew patching potholes at the top of the grade. The
was utilizing aggregate.
As a result, claimant's vehicle's windshield was struck by some of
aggregate and damaged in
the amount of $112.92. The claimant, William K. Cunningham,
filed this claim in his
own name; however, the record reflects that his wife, Tresea
is co-owner of the
vehicle in question. The Court, on its own motion, amended the
the claim to include
Tresea Cunningham, as a party claimant.
The claimant testified that it was between 3:00 and 4:00 in the
afternoon when this incident
occurred. It was a clear day, and he was proceeding in the
Huntington. His vehicle
was in the right lane and there were several vehicles in front of
The vehicle two or three car
lengths ahead of claimant's vehicle ran over the aggregate. The
assumed that gravel or
some other substance from the aggregate struck the claimant's
He did not notice the
damage to the windshield of the vehicle until the morning following
There is nothing in the record of the instant case to show that
respondent had notice of a
dangerous condition in the highway, nor was there any evidence that
existence of the
aggregate was the proximate cause of the damage to the automobile.
finding of negligence
would require speculation on the part of the Court. Therefore, the
must be denied.