OPINION ISSUED NOVEMBER 25, 1987
TERRY JAMES WITHROW
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
On March 20, 1986, the claimant's vehicle was involved in an
on Martins Branch
Road. Claimant alleges that respondent was negligent in its failure
post warning signs or
flagmen at a work site at the accident location. He seeks $73.86
damage to the vehicle.
The claimant testified that he was driving his 1980 Chevrolet
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
at the time of this
incident. Claimant's vehicle proceeded around a curve where there
where a cut had been made in the road. The impact of his vehicle
the cut in the road
caused damage to his vehicle. The area which was cut out was
claimant's lane on the
right side. He stated that he could not avoid the area by
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
and one-half feet long
and extended out from the right edge of the pavement approximately
and one-half to three
feet. Claimant observed two of respondent's employees seated in a
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
should have place warning signs or a barrier at the cut out area on
road. For these reasons,
the Court makes an award to the claimant in the amount of $73.86.
Award of $73.86.