OPINION ISSUED AUGUST 8, 1988
JOHN R. SHANK
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
On November 5, 1987, claimant, accompanied by his wife, was
the sidewalk in
the vicinity of Kanawha Terrace and Washington Street in St.
Claimant struck his head
on a street sign at the aforementioned location. He alleges
on the part of the
respondent, and seeks $124.99 for the cost of his medical expense.
As testimony indicated that the claim had not been filed against
proper respondent, the
Court, on its own motion, amended the style of the claim to reflect
Department of Highways
as the proper party respondent.
Claimant testified that he had walked in this area the night
accident, but he had not
observed a sign on that occasion. Claimant's impact with the sign
resulted in a head injury which
required stitches. He has not paid his medical bills, and is
whether or not Medicare will
cover them. There was nothing to obscure claimant's vision.
The Court finds that claimant was negligent in failing to maintain
adequate lookout upon the
sidewalk where he was walking. The record does not substantiate a
finding of negligence on
respondent's part. The Court, therefore, disallows the claim.