Eary v. Department of Highways

RULEY, JUDGE:

In early June, 1979, the claimant was driving his 1967 Plymouth automobile in a westerly direction on Interstate Route 64. At about 4:00 p.m., while crossing a bridge in Kanawha County, he hit a piece of steel, causing damage to the car’s rear fender. He was traveling at approximately 40 miles per hour, having slowed because vehicles ahead were slowing. The claimant seeks to recover the amount of damage to his vehicle.

It is the claimant’s contention that the loose piece of steel which damaged his vehicle was part of an expansion joint on the bridge. However, neither he nor the…