Legal Opinion

Clay v. Department of Highways

West Virginia Court of Claims

Decided October 4, 1985No. CC-84-219Published

1Per curiam

On June 6, 1984, William H. Clay was operating his 1976 Buick Limited north on Route 52 from Kermit to Huntington, West Virginia at approximately 4:00 p.m. He came upon a rock exending from the berm onto the edge of the road. He attempted to keep from hitting the rock, but in so doing, the vehilce swerved, damagiang the right rear quarter panedl and fender skirt int he amount of $101.82.

Mr. Clay testified that he had observed rock slides in the area of Route 52 on prior occasions when it rained. He further testified that he talked to the Wayne County Maintenance Superintendent after this…

2Cases cited2 opinions

  1. Bolyard v. Department of HighwaysWest Virginia Court of Claims · 1979
  2. Ashley v. Department of HighwaysWest Virginia Court of Claims · 1982

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