Rogers v. Division of Highways

The claimants, James R. Rogers, seek an award from the respondent, Division of Highways, for damage to a hot water tank. The claimants contend that a drop inlet located near their home did not function properly and caused water to flood their home during a period of heavy rain. The respondent admits that the storm drain pipe was obstructed, but it contends that the obstruction was located on private property.

The evidence presented at the hearing of this claim established that the claimants’ house is adjacent to the intersection of West Virginia Route 622 and County Route 622/17 in Kanawha…