OPINION ISSUED MARCH 24, 1988
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
During June 1987, the claimant was travelling in her 1978 Grand
Whitman Road. The
automobile is titled in claimant's name and in that of her deceased
husband. She was directly
behind respondent's truck which was lining the road with paint. She
seeks compensation for the
damage to her car when paint was sprayed by respondent's truck.
The claimant testified that she was five or ten feet behind
respondent's truck. The paint being
sprayed splashed on both the hood and windshield of her vehicle.
paint on the windshield
came off after being washed three or four times. She identified the
vehicle in front of her as being
respondent's vehicle. The paint was orange and the claimant owns a
vehicle. She did not
supply the Court with an estimate of her damages nor did she make
claim for a set amount.
She stated that it is difficult to pass on the road, but it is a
two-lane road. Claimant's friend,
Kimberly M. Browning, was present in the vehicle when the accident
occurred. She confirmed
the fact that there is paint all over the hood of claimant's
The Court finds that there is negligence on the part of the
However, the claimant,
at the time of the hearing on November 13, 1987, nearly five months
after the accident, had not
had an estimate prepared for the damages. Claimant has failed to
an estimate. The Court
is unable to make an award based on speculation. For that reason,
Court is of the opinion
to, and does, deny this claim.