Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.


On March 20, 1986, the claimant's vehicle was involved in an accident
on Martins Branch
Road. Claimant alleges that respondent was negligent in its failure to
post warning signs or
flagmen at a work site at the accident location. He seeks $73.86 for
damage to the vehicle.

The claimant testified that he was driving his 1980 Chevrolet Monza
south on Martins Branch
Road and was proceeding to a dentist's office, at that location, at
approximately 38 miles per
hour. The weather was clear and dry, and it was approximately 10:45 a.m.
at the time of this
incident. Claimant's vehicle proceeded around a curve where there was an
uncovered area
where a cut had been made in the road. The impact of his vehicle with
the cut in the road
caused damage to his vehicle. The area which was cut out was located in
claimant's lane on the
right side. He stated that he could not avoid the area by proceeding
into the northbound lane, as
it was impossible to see whether someone else was in the northbound
land. The broken out
section was on the right side of the pavement. It was approximately two
and one-half feet long
and extended out from the right edge of the pavement approximately two
and one-half to three
feet. Claimant observed two of respondent's employees seated in a marked
vehicle close to the
accident scene. These employees were inspectors for respondent.
According to the claimant,
they were at the scene to inspect the cut out area on the road.

The Court is of the opinion that respondent was working in the area and
that respondent
should have place warning signs or a barrier at the cut out area on the
road. For these reasons,
the Court makes an award to the claimant in the amount of $73.86.

Award of $73.86.