Williams v. Department of Highways

WALLACE, JUDGE:

The claimant, William N. Williams, filed a claim for damages to his 1973 Triumph automobile in the amount of $l'700.00.

On July 24, 1976, at approximately 2:00 to 2:30 p.m. Freddie Grounds was driving the claimant in the claimant’s automobile along W.Va. Route 79, known locally as Cabin Creek Road, in Kanawha County. They were returning from a meeting in Decota, West Virginia.

The claimant testified that they were proceeding northerly along the road at approximately 35 to 40 miles per hour. The road was straight and dry. The weather was clear. As they were crossing a two lane…