OPINION ISSUED APRIL 30, 1986

RAYMOND L. SMITH
VS.
DEPARTMENT OF HIGHWAYS

(CC-85-320)

Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.

PER CURIAM:

At approximately 11:00 p.m., on July 28, 1985, claimant was operating
his Audi GT Coupe in
a southerly direction on Interstate 79, approximately four miles from
Jane Lew, Harrison County.

According to the testimony of claimant, it was dark and the road was
dry. Claimant was
driving at approximately 55 miles per hour and passed two signs, 'Under
Construction" and
"End Construction," respectively. After the last sign, claimant
travelled five or six more miles,
and his vehicle struck a depressed area on a bridge caused by
roto-milling. As a result, three
tires and four tire rims were damaged and the vehicle was knocked out of
alignment. Claimant
alleges damages to the vehicle in the amount of $1,449.00.


Claimant testified that there were two vehicles in front of him, a
white automobile and a truck.
These vehicles slowed, and claimant attempted to pass the automobile. As
claimant's vehicle
became even with the automobile, his vehicle hit the depression and the
two front tires blew out.
The truck stopped and let claimant's vehicle proceed across the road
onto the berm.

After the accident, claimant contacted respondent and went to
respondent's district office. He
was informed that respondent's road crew had "roto-milled" part of the
bridge the day before the
accident. There were no warning signs posted that roto-milling was being
performed on the
bridge.

It is the opinion of the Court that respondent was negligent in failing
to warn the travelling
public of a hazardous condition on an interstate bridge. See Davis v.
Dept. of Highways, 12
Ct.Cl. 31 (1977). The Court therefore makes an award to claimant in the
amount of $1,449.00.

Award of $1,449.00.

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