Berwinkle v. Division of Highways

Claimants brought this action for vehicle damage which occurred when a tree fell onto their vehicle while claimant Jo Ann Berwinkle was traveling on Route 19 in Clarksburg, Harrison County. Route 19 is a road maintained by respondent. The Court is of the opinion to deny the claim for the reasons more fully stated below.

The incident giving rise to this claim occurred at approximately 4:30 p.m. on August 13, 2005, a clear and warm day. Jo Ami Berwinkle testified that she was stopped at a red light just prior to the VA bridge in Clarksburg when a tree or large branch fell from the hillside…