Kennedy v. Division of Highways

On February 15, 1994, at approximately 8:30 a.m., Bertha Kennedy was driving a 1990 Lincoln Mark VII owned by her husband, Lowell Thomas Kennedy, on Route 83, three-quarters of a mile east of Bradshaw, West Virginia. Ms. Kennedy was traveling 15 miles per hour around a curve when the vehicle crossed an ice-covered section of road, and slid into an embankment. As a result of the accident, the vehicle sustained damages in the amount of $ 1,369.00. The damages are covered by Mr. Kennedy’s automobile insurance; however, the insurance policy has a $ 1,000.00 deductible. Ms. Kennedy is very…