Russell Clawges, Jr., Attorney at Law, for
Nancy J. Aliff, Attorney at Law, for respondent.


On December 11, 1985, Edwin T. Stitt was operating a 1984 Lincoln
automobile owned by
claimant company, of which he is president, at the intersection of
Locust Avenue and Country
Club Drive, in Fairmont, Marion County. The vehicle struck a hole and
drain at this location and
sustained damages. Claimant company originally sought $1,090.69 in
damages. At the close of
the case, claimant's counsel amended the damage amount to $2,500.00.

Albert David, part owner of the ground and the Five Star Convenience
Store business,
testified that respondent put the storm drain in. Prior to December
1985, barrels had been
placed in the hole. He could not say whether or not respondent had
placed the barrels.

Edwin T. Stitt testified that the incident occurred at approximately
9:00 p.m. It was dark at the
time. He, accompanied by his son, was travelling to the Five Star
Convenience Store. The
vehicle ran into the hole and storm drain or grate which,is located
along Country Club Drive and
the parking lot to the convenience store. He stated that there were
neither markings, yellow lines,
nor a barrel in the vicinity of this drain and hole. lie drove this
route several times a month, but he
did not remember whether he noticed the hole.

Dwayne Allen Miller, County Assistant Supervisor, Marion County, for
respondent testified
that the drain in the vicinity of Country Club Road and U.S. Route 19 is
located 15 feet from
the center line of Country Club Road. He stated that to his knowledge,
it is off respondent's
right-of-way. Prior to December 11, 1985, he had not received, nor did
he know of, any
complaints with regard to this drain. He stated that respondent did
place a barrel in this drain in
December 1985.

The Court is unable to discern from the testimony presented who
maintains control over the
drain at the location of this accident. The Court is unable to grant an
award based on
speculation. For that
reason, the Court is of the opinion to, and does, disallow the claim.

Claim disallowed.