Burr v. Division of Highways

The claimants, Charles L. and Wilma Burr, seek an award of $2,250.00 for damage to their vehicle, a 1985 Dodge Lancer. The damage occurred on January 26, 1996, at approximately 3:00 a.m., while Mr. Burr was driving on Route 33/250 near the Third Ward School in Elkins, Randolph County. During the drive, Mr. Burr was traveling between twenty-five and thirty miles per hour when the vehicle struck a large hole. The hole was located near the center line and it was approximately thirty-one inches wide. Mr. Burr testified that he was aware of the hole and he decelerated before the collision, but…