Jones v. Division of Highways

The claimant brought this action for personal injuries sustained when she slipped on the berm area of a road maintained by the respondent in Berkeley County.

The incident giving rise to this claim occurred on September 19, 1997, at approximately 12:45 p.m. The claimant had pulled off of Needy Road (County Route 36/1) in order to pick some cattails. The evidence adduced at hearing established that County Route 36/1 in this area is a two-lane paved road with numerous curves. The berm and shoulder area are narrow and drop into a drainage ditch located in close proximity to the edge of the…