Collins v. Division of Highways

FORDHAM, JUDGE:

Claimant brought this action for personal injuries which occurred when he came upon a tree in the road while traveling in his 1999 Chevrolet Z-71 truck eastbound on Route 83 near Raysal, McDowell County. Route 83 is a road maintained by respondent. The Court took a view of the scene of claimant’s accident after the hearing of this matter. The Court is of the opinion to deny the claim for the reasons more ftilly stated below.

The incident giving rise to this claim occurred at approximately 5:30 a.m. on October 25, 2001. Route 83 is a two-lane highway at the area of the incident…