OPINION ISSUED MARCH 26, 1990
DEPARTMENT OF NATURAL RESOURCES
Claimant appeared in person.
Lowell D. Greenwood, Assistant Attorney General, for respondent.
On June 13, 1989 claimant was operating her 1981 Mercury Cougar on State Route 10, Lincoln
County, when her vehicle struck a deer. She seeks compensation for personal injury and property
damage which she incurred as a result of the accident.
Claimant testified that she was traveling south on State Route 10 on the day of the accident. Her
speed was approximately 30 miles per hour. It was raining and the roads were slippery. A deer
appeared at the hood of her vehicle and her vehicle struck it. she alleges negligence on respondent's
part due to the absence of warning signs cautioning drivers about the presence of deer.
The Court has found in the past that respondent is not negligent for accidents concerning wild
animals. Bailey vs. Department of Natural Resources, (CC-86-438, December 3, 1987). Respondent
cannot be held accountable for accidents involving wild animals. Accordingly, the Court denies the
Claim is disallowed.