OPINION ISSUED DECEMBER 3, 1987
MARGOT D. GROSE AND CHARLES W. GROSE
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
During the first week in June in 1986 a substance, appearing to be
was placed on
Woodrums Lane, at the location of the claimants' home. The road has
elevation higher than
that of claimant's yard, and the substance seeped into the yard.
was done to claimants'
carpet, among other items. Claimants seek $1,802.42.
Claimant Margot D. Grose testified that their insurance company
for the replacement of
claimants' carpet at a cost of $1,300.00. They have a $200.00
deductible, which claimants paid.
She stated that the substance was placed on Woodrums Lane one day
seeped to the surface
on the next day. She stated that her home is 35 feet from the road.
seeped about one-half of that distance into her yard. Her two
through the year and tracked the substance into her home. Damage
done to the carpeting,
to the children's clothing, and to the mats in her automobile.
Mr. Nelson Lee Fowler, Assistance to the District Maintenance
for respondent, testified that he was familiar with this particular
resurfacing project. The liquid
asphalt that was used has been utilized for numerous years. Two
after the finished coat was
placed upon the road, respondent attempted to remedy the situation.
was a contract project
by West Virginia Paving Company, Inc. He received complaints
the work performed
under the contract.
It is the general rule that the employer of an independent
is not liable for torts
committed by the independent contractor. Safeco Insurance Company
Highways, 9 Ct.Cl. 28 (1971). As the evidence revealed that the
under contract to
West Virginia Paving Company, Inc., the Court must deny the claim.