Haught v. Department of Highways

WALLACE, JUDGE:

Claimant Cecil Ray Haught is the owner of a modern frame residence located on Route 3 in Fairmont, Marion County, West Virginia, on what is known as the Winfield Road, near the Pricketts Creek interchange of Interstate 79.

*238Claimant alleges that a concrete culvert, constructed by the respondent under I-79 at the Pricketts Fork Exit, became jammed with logs and debris during heavy rains on July 3,1978. As a result, the water backed up and flooded onto Mr. Haught’s property, filling the basement of his residence with water up to the ceiling. Damaged in the flood were a furnace,…