Legal Opinion

Cline v. Division of Highways

West Virginia Court of Claims

Decided November 20, 2006No. CC-05-427PublishedCited by 2 opinions

1Per curiam

Claimant brought this action for vehicle damage which occurred when her 2002 Pontiac Grand Am struck a boulder as she was traveling westbound on 1-64 in Kanawha County. 1-64 is a road maintained by respondent in Putnam County. The Court is of the opinion to deny this claim for the reasons more fully set forth below.

The incident giving rise to this claim occurred at approximately 8:30 a.m. on November 3,2005, a clear and dry morning. 1-64 is a six-lane road with a speed limit of seventy miles per hour at the area of claimant’s incident. Ms. Cline was driving westbound in tire middle lane on…

2Cases cited3 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Chapman v. Department of HighwaysWest Virginia Court of Claims · 1986
  3. Coburn v. Department of HighwaysWest Virginia Court of Claims · 1986

3Cited by2 opinions

  1. Estate of Rockefeller v. CommissionerCourt of Appeals for the Second Circuit · 1985
  2. ESTATE OFCourt of Appeals for the Second Circuit · 1985

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