Burgess v. Department of Highways

On December 25, 1988, claimant Thomas R. Burgess, II, sustained personal injuries when he fell through Bridge 2, on Toney Fork, in Raleigh County, West Virginia. This bridge is owned and maintained by respondent. Claimant Thomas R. Burgess incurred medical expenses on behalf of his son in the amount of $545.71. The Court, on its own motion, added Thomas R. Burgess as a party claimant as he is the father of Thomas R. Burgess, II.

Thomas R. Burgess, II, eighteen years of age at the time of this incident, testified that his father had parked the automobile which he was driving on part of the…