Adkins v. Division of Highways

On August 23, 1991, the claimant was departing from work in his vehicle around 11:30 p.m. when an approaching vehicle, a Chevrolet truck, kicked up a six by eight inch rock onto claimant’s windshield and hood. This incident occurred on Maple Meadow Road, a road owned and maintained by the respondent in Raleigh County. The other vehicle was driven by *70Vernon Sears, a fellow employee and friend of the claimant. Immediately after the incident, the claimant requested that Mr. Sears file a claim with his insurer, but he was advised that the accident was the result of a road hazard for which no…