Legal Opinion

Edwards v. Department of Highways

West Virginia Court of Claims

Decided January 26, 1983No. CC-82-198Published

1Per curiam

This claim was originally filed in the name of Jerry M. Edwards, but when the testimony disclosed that the damaged vehicle, a 1982 98 Oldsmobile, was titled in the joint names of the claimant and her husband, Edgar E. Ewards, the Court on its own motion joined Edgar E. Edwards as an additional claimant.

On May 28, 1982, at 2:30 p.m., Mrs. Edwards struck a pothole near milepost 48 in the westbound lane of 1-64 near Cross Lanes, West Virginia. Mrs. Edwards testified that she was aware of holes in the road because she travels that route twice a day. She added that she could avoid the holes by…

2Cases cited3 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Davis v. Department of HighwaysWest Virginia Court of Claims · 1977
  3. Hull v. Department of HighwaysWest Virginia Court of Claims · 1981

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