Akers v. Department of Highways

RULEY, JUDGE:

Claimant seeks recovery of damages for the alleged wrongful death of her husband, Gary Wayne Akers, who died as the result of a single-car accident at Bias Branch on W.Va. Route 17 near the town of Jeffrey in Boone County, at approximately 8:30 p.m., on February 24, 1977.

Akers was driving his 1974 Ford Mustang north on Route 17 on his way to a service station to refuel the vehicle. At a curve in the road, approximately one mile north of Jeffrey, he encountered a mudslide and the car spun, went over an embankment and into the Little Coal River below. Akers was thrown from the…