Dunlap v. Department of Highways

WALLACE, JUDGE:

This claim was filed by the claimant against the respondent for damages sustained by her automobile. On August 6, 1979, the *286claimant was driving her 1975 Chrysler automobile westerly on West Virginia Route 21/38, also known as Fisher Ridge, from the Goldtown exit of Interstate 77. The road was dry. It was about 6:00 p.m. and still light. As she proceeded downhill, an oncoming vehicle was proceeding up the hill at a fast rate of speed.

The claimant testified that the road was narrow and the oncoming vehicle forced her off the road onto the berm. At the point of the accident, the…