Wiles v. Division of Highways

The claimants brought this action for damage to their property which they alleged occurred when a tree fell from a right of way maintained by the respondent in Monongalia County.

The claimants own a mobile home and an outbuilding on WV Route 7 (Rogers Avenue) in Morgantown, West Virginia. The area in question is heavily wooded. A steep bank runs along one side of the claimant’s property near the road. On or about June 16, 1998, a heavy windstorm occurred throughout Monongalia County. The evidence adduced at hearing established that a large tree fell on the claimants’ outbuilding, damaging the…