Legal Opinion

Hatfield v. Department of Highways

West Virginia Court of Claims

Decided September 27, 1984No. CC-84-72PublishedCited by 4 opinions

1Per curiam

On February 14, 1984, at approximately 9:00 p.m., claimant was driving his 1974 Lincoln north on Route 10 in Lincoln County when the vehicle struck a boulder in the road. The automobile was damaged in the amount of $3,376.64. Claimant testified that he did not see the boulder prior to striking it because it was dark and he had been temporarily blinded by the headlights of an oncoming vehicle. He said, however, that even if he had seen it, he could not have missed it because it was too large to maneuver around. Claimant testified that he did not know how long the boulder had been in the road…

2Cases cited3 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Hammond v. Department of HighwaysWest Virginia Court of Claims · 1977
  3. Adkins v. Department of HighwaysWest Virginia Court of Claims · 1980

3Cited by4 opinions

  1. Mitchell v. Division of HighwaysWest Virginia Court of Claims · 1996
  2. Alkire v. Division of HighwaysWest Virginia Court of Claims · 1997
  3. Palmer v. Department of HighwaysWest Virginia Court of Claims · 1988
  4. Thompson v. Division of HighwaysWest Virginia Court of Claims · 1995

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