Asbury v. Division of Highways

Claimants brought this action for vehicle damage which occurred when their 2009 Chevrolet Malibu struck a hole on West Virginia Route 19, locally designated as Flat Top Road, in Cool Ridge, Raleigh County. WV Route 19 is a public road maintained by Respondent. The Court is of the opinion to make an award in this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred at approximately 7:00 a.m. on March 30, 2010. At the location of the incident, Route 19 is a two-lane road with highly worn and barely visible white edge lines with a 55 mile per hour speed…