OPINION ISSUED NOVEMBER 25, 1992
ISABEL N. GORDON
DIVISION OF HIGHWAYS
Claimant represents self.
James D. Terry, Attorney at Law, for respondent.
Claimant brought this action to recover for damages to her vehicle which occurred on or about July
10, 1992. Claimant was driving her vehicle from a shopping mall proceeding to her home in
Bluefield, Mercer County. As claimant approached a construction area where work by respondent
was being completed, she attempted to drive around certain barrels and avoid yellow lines which
recently had been painted on the pavement. Claimant failed to notice that there was a paint spill in
the middle of the road and paint splashed upon her automobile when she drove through the paint
spill. The damages to claimant's automobile total $250.88.
Respondent alleged that the incident could not have occurred in July 1992 as the painting was
performed by respondent in June 1992.
The Court has determined that there may be confusion as to the date of the incident, but the damage
to the claimant's automobile was corroborated during a view taken by the Court on the date of the
hearing. There was evidence of yellow paint on claimant's vehicle, a black 1980 Cadillac Roadster.
The Court is of the opinion that respondent was negligent in allowing spilled paint to be left on the
pavement without providing any warning devices to the traveling public of the hazard.
Accordingly, the Court is of the opinion to and does make an award to the claimant in the amount
Award of $250.88.
WILLIAM R. CORDLE, ET AL.,
DEPARTMENT OF PUBLIC SAFETY,
This claim came before the Court for consideration upon the Petition, Answer, the Findings of Fact,
Conclusions of Law, and Order of the Circuit Court of Kanawha County, West Virginia, in Civil
Action No. 83-P-Misc. 662, made and entered on, to-wit, the 31st day of December, 1988, and two
subsequent Orders of the Circuit Court of Kanawha County, West Virginia, made and entered on,
to-wit, the 6th day of March, 1992, and the 20th day of November 1992, and the Court, having duly
considered the matter, is of the opinion that the claimants are
entitled to the agreed awards which total $3,501,501.35 and attorney fees which total $23,073.10 in
accordance with said Orders of the Circuit Court of Kanawha County, West Virginia.
And the Court hereby ORDERS that awards in the total amount of $3,524,574.45 be and the same
are granted, as set forth on the schedule attached hereto and made a part hereof as if fully set forth
ENTERED: December 10, 1992
David G. Hanlon
Robert M. Steptoe
David W. Baker