OPINION ISSUED JULY 13, 1999
GEORGE A. DEER
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Andrew F. Tarr, Attorney at Law, for the respondent.
The claimant brought this action for damage to his vehicle
after he encountered an area of road construction and his vehicle,
a 1997 Toyota pickup truck, received paint damage from spots of
concrete. The damages to the truck exceeded the amount of
claimant's insurance deductible of $500.00 to which he is limited
in his recovery.
The incident which resulted in the damages to claimant's truck
occurred on September 2, 1997, when claimant and his wife were
driving towards her place of work. Claimant drove through a
construction area on W. Va. Route 10, also known as Logan
Boulevard, where concrete was being poured by respondent's
employees. He noticed that the wind was blowing, but he did not
stop. Later that same day, he had driven to Charleston with a
friend when he noticed little specks on the hood, windshield,
fenders, front bumper, and grill which appeared to have eaten into
the paint on the truck. His vehicle was having rims placed on it
so he mentioned the specks to an employee at the automobile shop
who told him to return the next day for an inspection by the body
shop. Upon his return for the inspection, he was informed that the
specks were concrete. He then had another shop in Logan also
inspect his vehicle and they informed him that indeed it was specks
Approximately six months later, claimant traded his pick up
truck for another Toyota vehicle. Claimant is certain that the
concrete blew onto his vehicle when he was driving through the
construction area on W. Va. Route 10 on September 2, 1997.
Respondent offered no witnesses to rebut the testimony of the
The Court, having reviewed the facts of this claim, is of the
opinion that claimant's vehicle was damaged at the scene of the
road construction when respondent's employees were pouring
concrete. The wind created a hazardous condition for motorists
passing through the area as it is more than just happenstance that
concrete was sprayed all over claimant's truck. For this reason,
the Court makes an award to the claimant for the damage to his
truck in the amount of $500.00.
Award of $500.00