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

HOWERTON, Judge.

The Commonwealth appeals from a judgment of the Bracken Circuit Court affirming an award of the Board of Claims in favor of the appellee, Bennie Mains, in the amount of $38.00.

Mains’ automobile was struck by a rock thrown by a state-owned rotary mower. The Board of Claims awarded Mains the sum of $38.00 on the basis that a rotary-type lawnmower is an inherently dangerous instrumentality. There was no finding of negligence on the part of the Commonwealth. The Bracken Circuit Court affirmed the award but concluded independently that the Commonwealth was negligent for not closing…