Adams v. Department of Highways

At approximately 7:00 a.m. on May 16, 1982, claimant was driving along Route 11/11 in Upshur County, West Virginia, *215a road owned and maintained by the respondent, when his right front tire struck an object in the road and went flat. Claimant got out to investigate and discovered a small cut in the side of the tire. He then walked back to examine the road and recognized it as having been recently graded. A photograph introduced into evidence shows a jagged metal protrusion in the road, which the claimant described as a part of a culvert yanked up during ditching operations.

Testifying on behalf…