Legal Opinion

Atkins v. Division of Highways

West Virginia Court of Claims

Decided December 9, 1998No. CC-98-46; CC-98-65; CC-98-99PublishedCited by 1 opinion

1Opinion of the Court

PERCURIAM:

the claimants brought these consolidated claims for damage to their vehicles which occurred as a result of falling rocks on a road maintained by the respondent in Morgantown, Monongalia County. The Court is of the opinion to deny these claims for the reasons stated more fully below.

The chain of events giving rise to these claims occurred on January 28, 1998, beginning at approximately 7:00 a.m. on Monongahela Boulevard (Route 19) in the northwest-bound lanes, just below the Engineering Building on the campus of West Virginia University. Route 19 northwest-bound has two lanes. There…

2Cases cited2 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Hamon v. Department of HighwaysWest Virginia Court of Claims · 1986

3Cited by1 opinion

  1. Wright v. Division of HighwaysWest Virginia Court of Claims · 2001

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