Jones v. Division of Highways

Claimant brought this action for vehicle damage which occurred as a result of a falling tree when he was traveling south on Route 20 in Harrison County. Respondent was responsible at all times herein for the maintenance of Route 20. The Court is of the opinion to deny this claim for the reasons set forth below.

Claimant testified that he was driving his 1983 GMC Blazer on August 14, 2002, between 3:00 p.m. and 3:30 p.m. on Route 20 which is a two-lane road. The weather was clear. As he crested a hill, a tree fell on the hood of his vehicle and onto the right side of his windshield. Mr. Jones…