OPINION ISSUED MARCH 24, 1988
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
On June 11, 1987, claimant's vehicle, a 1983 Chrysler Fifth Avenue
damaged when it
struck a part of the guardrail on Brick Yard Road in the vicinity
Princeton, West Virginia.
Claimant seeks $132.96 which is the cost of repair.
Claimant testified that she was travelling north at approximately
miles per hour and that the
weather was good. The accident occurred at approximately 1:30 p.m.
was driving from
Princeton on Brick Yard Road and was attempting to cross a very
bridge. The guardrail
and the post were bent and were extending into the road about two
one-half feet. The
vehicle was caught and damaged. The bridge measures nine fee, six
inches. Claimant stated that
she was approximately eight feet from the guardrail before she saw
She admitted that she saw
the guardrail sticking out into the paved portion of the roadway,
she attempted to pass it.
There was evidence presented that this condition had been reported
respondent before this
incident. This was not denied by the respondent. However, the Court
believes the claimant was
likewise negligent. She observed the deteriorated guardrail before
vehicle struck it. Under
the doctrine of comparative negligence, the Court is of the opinion that
the claimant's negligence
was equal to or greater than the respondent's and disallows the