Mcie v. Department of Highways

WALLACE, JUDGE:

Between 12:30 p.m. and 1:00 p.m., on July 5, 1980, Earl Jeffries, accompanied by Donnie Mcle, was operating his pickup truck in a southerly direction on Route 4 and 20, Rock Cave, Upshur County. A large tree fell over on top of the pickup truck, causing the death of the driver, Earl Jeffries, and causing claimant Donnie Mcle to be paralyzed.

It is the claimants' position that the aforementioned tree was close enough to respondent's right of way to be a hazard. Furthermore, claimants contend that respondent had both actual and constructive notice of this hazard.

According to the…