| Volume Number: 30
Category(s): STREETS AND HIGHWAYS |
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| Opinion Issued May 23, 2014 | |
| BERNARD L. AYLESTOCK | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-13-0104) | |
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Claimant appeared pro se. C. Brian Matko, Attorney at Law, for Respondent. |
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| PER CURIAM:
Claimant, Bernard Aylestock, brought this action to recover damages which occurred when he lost control of his 2000 Dodge Neon ES, striking another vehicle, while traveling along Route 270 near Lost Creek, Harrison County. Route 270 is a public road maintained by Respondent. The Court is of the opinion to deny an award in this claim for reasons more fully stated below. The facts giving rise to this claim occurred on February 4, 2013, at approximately 7:25 p.m. Claimant testified that on the evening in question a snow storm was expected to descend on Harrison County so Claimant decided to give his girlfriend a ride home before road conditions got worse. Claimant stated that the road conditions, even before the brunt of the storm arrived, were snow covered and slippery. Claimant stated that when he attempted to negotiate a lefthand turn he lost control of his vehicle, which began to fish-tale before striking on oncoming vehicle. Claimant informed the Court that he was traveling a greatly reduced speed due to the snowy conditions, but he stated the conditions were too treacherous. As a result of this incident, Claimant vehicle sustained damage to its body in the amount of $2,500.00. Claimant alleges that Respondent is liable because it should have done a better job of removing the snow. Respondent argues that to keep the roads completely snow free is impossible to accomplish and that Claimant assumed the risk by traveling on the roadway during a snow event. The Court agrees with Respondent that Claimant assumed the risk by choosing to travel in the snowy conditions. Respondent has a duty to maintain the roadways to the best of its ability. However, there are some conditions that Respondent cannot control. Respondent cannot possibly clear the roads in such a manner as to eradicate the presence of all snow. Therefore, the Court does not recommend an award in this claim. Based on the foregoing, it is the opinion of the Court of Claims that the Claimant’s claim should be, and is hereby, denied. Claim disallowed. |
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| Summary: |
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