Foster v. Division of Highways

Claimant brought this action for vehicle damage which occurred as a result of an encounter with a hole in the right-hand lane of Route 79/3, Cabin Creek Road, coming out of Kayford, which is a road maintained by the respondent in Kanawha County. The Court is of the opinion to deny the claim for the reasons more fully stated below.

The incident giving rise to this claim occurred on March 28, 1998 at approximately 5:00 to 6:00 p.m. The weather was sunny and clear. Claimant was proceeding along Route 79/3 at about twenty to thirty miles per hour. Furthermore, claimant was traveling in the…