Hinkle v. Division of Highways

This is a claim filed by an Executrix under West Virginia Code 55-7-6 (historically Lord Campbell’s Act) for the wrongful death of her decedent.

On July 22, 1987, at about 4:10 p.m., Herbert F. Hinkle, claimant’s decedent, was operating a 1950 Massey Ferguson farm tractor, with rear wheel chains attached, in a westerly direction on the northerly side of West Virginia Secondary Route 5/5 in Pendleton County, West Virginia, known and hereinafter referred to as Germany Valley Road, en route from his nearby home to his nearby church, in order to spread gravel. A “scoop” (front-mounted bucket) was…