Keely v. Division of Highways

On or about 6:30 p.m., January 27, 1991, the claimants’ 1989 Chevrolet Cavalier was struck by falling rock at the intersection of State Route 14 (Greenbrier Street) and Hillcrest Drive, Kanawha County. Overhanging the intersection is a 100 foot high cliff. Claimant, Timothy Keely, testified that on the evening in question rock began to fall on their vehicle as they were awaiting the intersection traffic light to turn green. There was a vehicle immediately in front of the claimants’ car, and one behind, preventing their escape from the falling rock. A twelve inch by eight inch rock struck the…