Legal Opinion

DeMary v. Division of Highways

West Virginia Court of Claims

Decided March 14, 2003No. CC-02-137Published

1Per curiam

Claimants brought this action for damage to their 1996 Pontiac Firebird which occurred when their daughter was operating their automobile on U.S. Route 19 at its intersection with County Route 19/7. At that time, claimants’ daughter came upon a patch of ice on the roadway whereupon she lost control of the automobile and skided across the ice into an embankment. Respondent was at all times herein responsible for the maintenance ofU.S. Route 19 and County Route 19/7. The Court is of the opinion to deny this claim for the reasons set forth herein below.

On the morning of January 25,2002, Chandra…

2Cases cited2 opinions

  1. Christo v. DotsonWest Virginia Supreme Court · 1967
  2. McDonald v. Department of HighwaysWest Virginia Court of Claims · 1979

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