Legal Opinion

Landers v. Division of Highways

West Virginia Court of Claims

Decided January 17, 2006No. CC-05-077Published

1Per curiam

Claimant brought this action for vehicle damage which occurred when his 2003 Dodge Ram slid on a patch of ice while he was traveling on County Route 21 in Marshall County. County Route 21 is a road maintained by respondent. The Court is of the opinion to make an award in this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred at approximately 6:45 a.m. on February 4,2005, a cold and dry morning. County Route 21 is a two-lane highway at the area of the incident involved in this claim. Claimant testified that he was driving on County Route 21 when his…

2Cases cited5 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Chapman v. Department of HighwaysWest Virginia Court of Claims · 1986
  3. Christo v. DotsonWest Virginia Supreme Court · 1967
  4. McDonald v. Department of HighwaysWest Virginia Court of Claims · 1979
  5. Richards v. Division of HighwaysWest Virginia Court of Claims · 1992

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