Adkins v. Division of Highways

Claimants bring this action for compensation for damage to their 1996 Buick Century, which occurred on August 24, 1996, on Madison Creek Road, Route 49.

Claimant Charlene Adkins was driving northbound towards Huntington at approximately 8:30 p.m. She testified at the hearing of this claim that she was traveling about 35 miles per hour and as she topped a small grade her vehicle encountered a series of large holes located roughly in the center of the road.

The evidence indicates that Route 49 in this area is a narrow, paved two-lane road that drops off onto an embankment on claimant’s side of…