Commonwealth, Department of Transportation, Bureau of Highways v. Burger

MARTIN, Chief Judge.

This appeal stems from the judgment of the Kenton Circuit Court affirming the award of $88.49 made by the Kentucky Board of Claims to appellee, Marvin Burger, for damages done to his automobile as a result of pieces of rock being thrown against the side of his vehicle by a lawn mower operated by an employee of the Kentucky Department of Transportation, Bureau of Highways.

There is no dispute as to how the incident happened or as to the amount of the damages sustained. On September 20, 1976, Burger was proceeding in a southerly direction along U.S. 27 near Falmouth,…