Adkins v. Department of Highways

GARDEN, JUDGE:

On an unspecified date, the claimant was operating his 1969 Camaro automobile in a westerly direction on Will’s Creek, a State maintained secondary route near Elkview, West Virginia, when the roof of his car was struck by a large boulder which apparently rolled from the hillside adjacent to this two-lane asphalt road. It was estimated that this boulder weighed from 200 to 250 pounds. As a result, claimant’s car, which had a value of $800.00, was demolished, and claimant received a neck injury. He was accompanied by his daughter and granddaughter, neither of whom was injured.

Claim…