Bubar v. Department of Highways

RULEY, JUDGE:

A contractor employed by the respondent as its agent was removing snow from 1-64 on January 22, 1978, when its end-loader caught the end of an expansion joint in the roadway, bending it upward four inches. The contractor did not report the incident. A courtesy patrol driver reported it sometime before 11:00 A.M., and the respondent’s witness testified that the damage was repaired by 11:30.

*205Sometime shortly before the damage was repaired, the claimant’s car struck the bent expansion joint, damaging his automobile’s exhaust system in the amount of $92.24. There is no evidence of any…