Gillenwater v. Division of Highways

BAKER, JUDGE:

Claimant brought this action for the value of his vehicle after the berm on County Route 58 (Left Fork Road) gave way, causing his vehicle to fall over an *75embankment. County Route 58 is a road maintained by respondent in Lincoln County. The Court is of the opinion to make an award in this claim for the reasons more folly stated below.

The incident giving rise to this claim occurred on March 11, 1997, at approximately 9:00 p.m. County Route 58 is a rural residential road classified as a secondary road with a speed limit of thirty miles per hour. Guardrail is installed at several…