OPINION ISSUED JUNE 27, 1988
JO ELLEN LAGOWSKI
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On August 22, 1987, claimant's son was operating her car in a
approximately 1:00 p.m. on Route 307 in Beaver, Raleigh County,
1981 Ford Escort
struck a tree on the road. The claimant seeks $275.00, which
the cost of the
damages to the vehicle.
Claimant's son, Randall Lagowski, testified that he was travelling
his house in Grandview
to Beaver at about 30 miles per hour. It was a clear day, but the
was blowing very hard.
The tree was located on the right-hand side of the road about five
from the edge of the
road. The tree blew into the road at the same time the vehicle
was operating arrived at
the same spot. The tree had been partially cut. Two days previous
this, respondent had been
cutting down trees in this area. He stated that the whole tree,
than a limb, damaged the
Emerson Stover, County Supervisor, Raleigh County, for respondent,
testified that he was
award of the aforementioned accident. He was notified on the 20th
21st days of August.
Respondent's crews had been cutting and grinding up the trees in this
area prior to this incident.
After a careful review of the record presented in this claim, the
is of the opinion that this
particular tree was close enough to the road to present a hazard to
Respondent's witness admitted that respondent's crew was aware of
hazard two days prior
to this incident. Therefore, the Court makes an award in the amount
$275.00 for the damages
to claimant's vehicle.
Award of $275.00.