OPINION ISSUED FEBRUARY 19, 1988
WILLIAM I. GLASER
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On October 9, 1984, the claimant was operating his vehicle on
Interstate 70 at the Mt. de
Chantal Ramp in Wheeling, West Virginia, when his vehicle struck
vehicle preceding him. He
seeks to recover $600.00 for damages to his vehicle.
The claimant testified that he was travelling at a very low speed
approximately five miles per
hour at the time of the accident. Formerly at the Washington Avenue
ramp and the Oglebay
off ramp, there were signs that directed the through traffic in the
westbound lane. The signs had
been removed prior to claimant's accident. He alleges that the
the interstate caused his
accident. As of September 24 of that year, there had been seven
accidents at this particular
intersection. He contacted the Governor, who in turn contacted Fred
VanKirk, the Acting
Commissioner for respondent, who corresponded with the claimant.
However, the situation has
not been rectified.
Proximate cause is an essential element of a claimant's case, and
claimant has the burden of
establishing the proximate cause of an incident to justify recovery
any action based on
negligence. Wolverton vs. Dept. of Highways, 9 Ct.Cl. 223 (1973).
Court has determined
that the claimant's actions were the proximate cause of the
Accordingly, the Court is
of the opinion to and does disallow the claim.