OPINION ISSUED MARCH 14, 1991
DIVISION OF HIGHWAYS
Claimant present in person.
James D. Terry, Attorney at Law, for respondent.
On or about August 30, 1990, claimant was attempting to cross a bridge located on Nemours Road
designated as 52/6 located in Mercer County. As he was proceeding across the wooden deck that was
missing a plank, he damaged a tire. Claimant immediately notified the respondent of the incident.
Claimant and respondent have stipulated the facts of the claim and have reached an agreed amount
of $102.82 for damage sustained by claimant's vehicle.
Testimony indicates that respondent had actual and constructive notice of the faulty board, but did
not repair it in a timely manner. Accordingly, the claimant has met his burden of proof. The Court
makes an award in the stipulated amount of $102.82.
Award of $102.82.