OPINION ISSUED JULY 8, 1987
ASTORG MOTOR COMPANY, MARION SPRAGG
DEPARTMENT OF HIGHWAYS
Claimant, Marion Spragg, appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
Claimant was operating a 1986 Buick Century titled in the name of
Astorg Motor Company.
This vehicle was involved in an incident which is the subject of
claim. Astorg Motor
Company did not sign the claim petition nor did it or its
appear at the hearing.
Claimant seeks $161.43, the cost of the damaged tires.
Claimant Spragg testified that the vehicle in question is a
car". He was utilizing it while
his own automobile was being repaired by Astorg Motor Company. He
travelling west in
Route 19 returning from Shinnston on March 13, 1986, when the Buick
struck a railroad spike
in a hole. He was proceeding at approximately 35 miles per hour. He
stated that, on the right
side of the road, there was a sharp object appearing to be a
spike in the hole. This spike
damaged the tires of the vehicle when the vehicle struck it.
The Court will not consider the merits of this claim as it has
filed by the proper party.
Astorg Motor Company is the proper party claimant. For this reason
Court is of the opinion
to, and does, deny the claim.