OPINION ISSUED JULY 10, 1987
ROY GENE CALDWELL
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On July 9, 1986, the claimant's automobile was parked on the north
of 3rd Street in
Wayne, Wayne County, across the street from a Department of
During a rain and windstorm, a part of the roof of the building
dislodged and struck
claimant's automobile. He seeks $716.00 for the resulting damage.
Claimant stated that the roof in question was leaking, inferring
it was in bad condition,
subject to being blown off in a windstorm. Claimant had purchased
automobile, a 1977
Volkswagen Sirocco, for $250.00. None of the work necessary for the
repair of the automobile
had been done at the time of the hearing.
Claimant stated that he has been employed by respondent as an
2 since 1976. He
usually parks his vehicle in the same place where he parked it at
time of this incident. He had
never experienced problems in the previous occasions when he had
the vehicle at this
location. He had never made a complaint.
Mr. Donald H. Akers, the Wayne County Supervisor for respondent,
testified that before this
incident, he had not had any problems with the roof at the facility
question. He stated that on
July 9, 1986, there was an unusual storm with rain and high winds.
There has not been a showing of any negligence on the part of the
respondent. The Court is of
the opinion to, and does, deny the claim.
Claim is disallowed.