Galloway v. Division of Highways

Claimant brought this action for vehicle damage which occurred as a result of an encounter with a falling tree while traveling west on U. S. Route 60 at Cedar Grove, which is a road maintained by respondent in Kanawha County. The Court is of the opinion to deny this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred on June 8, 1998, at approximately 6:30 a.m. At daybreak on the morning in question, claimant was making her routine drive to Charleston for work. Claimant was traveling westbound in the right-hand lane of the four-lane section of U. S.…