Toto v. Division of Highways

Claimant brought this action for vehicle damage which occurred as a result of a negligently maintained berm while he was traveling westbound on Route 23/7, Clifton Heights Boulevard, approximately one-hundred-seventy-five feet east from Route 23/5, Cedar Rocks. Route 23/7 is a road maintained by respondent in Ohio County. The Court is of the opinion to make an award in this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred on August 11, 1998, at approximately 7:45p.m. On the dry evening in question, claimant’s wife, Phyllis Renae Toto, was…