Stewart v. Division of Highways

Claimant brought this action for vehicle damage which occurred when his 2000 Chevrolet G30 van bottomed out on a low water bridge on County Route 2, locally designated Copen Road, in Copen, Braxton County. County Route 2 is a public road maintained by Respondent. The Court is of the opinion to deny this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred in the afternoon on August 8, 2009. County Route 2 is a one-lane unpaved road that crosses over a creek with a low water concrete bridge at the location of the incident. At the time of the incident,…