Peters v. Department of Highways

WALLACE, JUDGE:

This claim was filed by the claimant against the respondent for damages to her automobile which occurred on May 28, 1978, at about 8:00 p.m.

Rose Cathliné Shaffer, a niece of the claimant, was driving claimant’s 1969 Buick Sports Wagon in an easterly direction on *326West Virginia Route 13 near Simpson, West Virginia, in Tyler County. The claimant was a passenger in the vehicle. Mrs. Shaffer testified that the road was fairly straight and level, and that she was proceeding at approximately 15 to 20 miles per hour when she encountered an oncoming vehicle with bright lights coming…