Cole v. Division of Highways

BAKER, JUDGE:

The claimants, James M. Cole and Oreda S. Cole, seek an award of $82,500.00 from the respondent, Division of Highways, for damages arising from a collision between an automobile and a rock slide along U.S. Route 119 in Kanawha County. The claimants allege that the respondent was aware of the potential for a rock slide due to road condition complaints and previous rock slides in the vicinity of the accident. The claimants also allege that the respondent's failure to act upon these complaints to eliminate the potential for rock slides was the proximate cause of the accident. The…