Givens v. Division of Highways

The claimant brings this action for damage to her 1984 Nissan 300 ZX automobile, caused when she encountered a rock slide on Mile Fork Road, Route 27, near Charleston. The Court is of the opinion that claimant is entitled to a partial award as described below.

The incident giving rise to this claim occurred on July 30, 1996, at about 4:45 p.m., when claimant was driving northbound on her way home from work. The evidence is that Route 27 in this area is a one-lane paved road about 12 feet wide, with a 35 mile-per-hour speed limit. The claimant testified that she was familiar with the road and…