Foster v. Division of Highways

Claimant brought this action for the value of his vehicle when his vehicle struck a b oulder w hile h e w as t raveling n orthbound o n W. Va. R oute 2, s outh o f Moundsville. At this location, W.Va. Route 2 is maintained by respondent in Marshall County. The Court is of the opinion to make an award in this claim for the reasons more fully set forth below.

The incident giving rise to this claim occurred on February 28, 1999, at approximately 10:30 p.m. Claimant was traveling northbound on W.Va. Route 2 in *249his 1991 Chevrolet S-l pick-up truck from his place of employment. At this location,…