Legal Opinion

Lawhorn v. Division of Highways

West Virginia Court of Claims

Decided February 24, 2011No. CC-09-0184Published

1Per curiam

Claimant brought this action for vehicle damage which occurred when Claimant’s 2004 Ford Explorer Sport Trac struck a patch of ice and slid into a tree on Timber Hill Drive in Princeton, Mercer County. Timber Hill Drive is a public road maintained by Respondent. The Court is of the opinion to deny the claim for the reasons more fully stated below.

The incident giving rise to this claim occurred at approximately 10:30 a.m. on February 27,2010. It had been snowing heavily prior to the incident and there was snow and ice on Timber Hill Drive, which is a two-lane paved road with a downhill curve…

2Cases cited3 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Chapman v. Department of HighwaysWest Virginia Court of Claims · 1986
  3. Buchanan v. Division of HighwaysWest Virginia Court of Claims · 2005

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