Eakle v. Division of Highways

BAKER, JUDGE:

The claimant Lisa R. Eakle, seeks to establish liability on behalf of the respondent, Division of Highways, for damages arising from an automobile accident in Nicholas County. Ms. Eakle alleges that an ice covered area along Route 39 caused her to lose control of her vehicle whereupon her automobile slid and eventually struck a tree. She also alleges that the ice was a result of a clogged and damaged culvert which caused water to flow across Route 39.

Respondent contends that it did not have notice of any ice on Route 39 prior to claimant's accident. In fact, respondent asserts…