Burkhammer v. Division of Highways

STEPTOE, JUDGE:

In each of these cases the claimant seeks an award from the Division of Highways (hereinafter the “State”), alleging that the State was negligent in the design, construction, and maintenance of the intersection, in Gilmer County, West Virginia, of two public roads, U.S. Route 33 and W. Va. 47, and that as a result of the State’s negligence, Okey Lowther was killed in a two-car collision, and his sister, Dora Talbott, received permanent injuries.

The Court ordered that the two cases be consolidated for hearing, which began on the 6th day of April, 1999, at Flatwoods, West…