Legal Opinion

Erwin v. Department of Highways

West Virginia Court of Claims

Decided December 19, 1988No. CC-88-154Published

1Per curiam

This claim was originally styled in the name of Anita Ann Erwin; however, testimony indicated that the vehicle, a 1982 Chevrolet Celebrity, was titled in the names of Anita Ann Erwin and Craig Scott Erwin, and the Court, on its own motion, amended the style to include Craig Scott Erwin as a party claimant.

Claimant Anita Ann Erwin testified that the vehicle struck "a hooved up piece of asphalt" on Corridor G (U.S. Route 119) while she was travelling from Logan and proceeding toward Williamson. The incident occurred on April 21, 1988, between 1:00 and 1:30 p.m. It was dry and sunny. The oil pan…

2Cases cited2 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Banhart v. Department of HighwaysWest Virginia Court of Claims · 1979

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