Duskey v. Department of Highways

WALLACE, JUDGE:

The claimant filed this claim against the respondent for damages sustained to his automobile.

On Saturday, March 8, 1980, at approximately 6:30 p.m., the claimant was driving his 1977 Pontiac Catalina automobile on Rosemar Road between Route 68 north and Route 14 in Vienna, West Virginia. Accompanied by his wife, he was proceeding to the Grand Central Mall. It was dark and rainy. Rosemar Road is a two-lane blacktop access road to the mall. The claimant testified that he was travelling at approximately 20 miles per hour. While, attempting to avoid hitting a puddle of water, which…