OPINION ISSUED JULY 10, 1987
AMOS ESTEP
VS.
DEPARTMENT OF HIGHWAYS
(CC-86-359)
Claimant appeared in person.
 Nancy J. Aliff, Attorney at Law, for respondent.
PER CURIAM:
 On August 27, 1986, the claimant was operating his 1983 Chevrolet 
pickup truck in a 
northerly direction on Bull Creek, McDowell County, when the
 vehicle 
struck some large rocks. 
Claimant seeks $86.63, which amount represents the damage done to
 the 
wheel of the truck.
 Claimant testified that he was travelling to Iaeger from his home
 in 
Mohawk. The road in 
question is a one-lane, blacktop highway. It was 2:00 p.m. or 3:00
 p.m. 
and bright daylight. The 
accident occurred on a straight stretch of the road about 200 to
 300 
feet in length. Claimant 
stated that there was a coal truck approaching in the opposite
 lane. As 
the road is narrow, he 
drove his vehicle to the right side of the pavement and struck some 
rocks laying on the berm. He 
stated that bulldozing activity had taken place in that area. The 
equipment was not that of the 
respondent. The bulldozing operation had cause the rocks to slide
 onto 
the berm. He stated that 
the rocks "... was almost as big as a water bucket, and there was
 a 
couple or three of them."
 Claimant further stated that he was aware that the rocks were at
 that 
location prior to the time 
which his vehicle struck them. He had alerted respondent to this
 hazard 
before this incident.
 William A. England, County Supervisor - McDowell County, for 
respondent, testified that 
road 3/1 is a State local service road, and there is very little 
maintenance on it because it is very 
low priority. There are less than 50 vehicles a day on this
 highway. 
Respondent had not been 
doing any work in the vicinity of this incident immediately prior
 to 
August 27, 1986. Mr. England 
did not take any action when claimant reported the hazard. Priority 
roads are worked before 
low priority roads.
 This Court has held in the past that if an independent contractor
 was 
engaged in the 
construction work, the respondent cannot be held liable for the 
negligence, if any, of such 
independent contractor. (Harper vs. Dept. of Highways, 13 Ct.Cl.
 274 
[1980])
 For this reason, the Court is of the opinion to, and does, deny
 this 
claim.
 Claim disallowed.