OPINION ISSUED DECEMBER 11, 1992
LLOYD J. MOORE
DIVISION OF HIGHWAYS
Claimant represents self.
James D. Terry, Attorney at Law, for respondent.
Claimant brought this action to recover damages to his 1987 Ram 50 pickup truck. Claimant's
vehicle was struck by rocks coming off the hillside adjacent to Route 19, in Clarksburg, West
Virginia. Claimant's accident occurred on 6 March 1992, at approximately 5:30 p.m. Claimant's truck
sustained damages to the windshield, the grill, a fender, and the bug catcher. The cost of repair was
Bill Wyckoff, an employee of the respondent, testified that this area of Route 19 is a known rock fall
area, and there are signs at the location of claimant's accident. The scene of the accident is
approximately a mile from respondent's Harrison County maintenance headquarters. He was not
aware of any complaints about rocks in the road at the time of claimant's accident. Rocks accumulate
on the berm and respondent clears the ditch and berm areas at least once a year.
The Court, having reviewed the evidence in this claim, has determined that there was no negligence
on the part of the claimant. The respondent, however, was on notice of the dangerous condition of
accumulating rocks in the ditch and berm area. As the respondent failed to remedy a dangerous
condition and this negligence resulted in damages to claimant's vehicle, the claimant may recover
for these damages.
Accordingly, the Court makes an award in the amount of $500.00 to claimant for the damages to his
Award of $500.00.