OPINION ISSUED SEPTEMBER 24, 1987
FREDDIE J. MORRISON AND BARBARA J. MORRISON
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
This claim was originally styled solely in the name of Freddie J.
Morrison. The evidence
revealed that the automobile was titled in the names of both
and Barbara J. Morrison.
The Court then, upon its own motion, amended the style of the claim
include Barbara J.
Morrison as a proper party claimant and to amend the respondent to
Department of Highways.
On June 23, 1986, at approximately 4:10 a.m., claimant Freddie
Morrison, was operating his
1984 Dodge Caravan on Interstate 64 to 35 miles per hour. The road
being resurfaced. As
he attempted to exit at Kenova, his automobile struck an overturned
sign. As a result, damage
was sustained by the vehicle and claimants seek compensation for
the amount of
Claimant Freddie Morrison testified that he was proceeding east on
and leaving the
Interstate at the Kenova exist. The weather conditions were "kind
misty". He stated that the
exit was in disarray. He had travelled the same route on the
evening. At that time, the
barrels, etc. were in place.
William A. Holland, project supervisor in the construction
with respondent, testified
that he was familiar with the project on I-64 in the vicinity of
Kenova exit. Eight miles of the
roadway were being replaced and blacktopped. The independent
for the respondent
on the project was East Kentucky Paving.
This Court has held previously that the respondent cannot be held
liability for the negligence, if
any, of an independent contractor. See: Paul vs. Department of
14 Ct.Cl. 479
(1983); Harper vs. Department of Highways, 13 Ct.Cl. 274 (1980);
Company vs. Department of Highways, 9 Ct.Cl. 28 (1971).