Liberty Mutual Insurance v. Department of Highways

Claimant Edward E. Dilling was involved in an accident on July 18, 1979, at approximately 9:30 or 10:00 p.m. on Route *17239 near St. Marys, West Virginia. Claimants contend that the accident was the result of negligence on the part of respondent’s employee in failing to properly park an endloader on the edge of Federal Ridge Road (State Route 39) such that the bucket of the endloader jutted into the travelled portion of the roadway. Claimants further allege that respondent’s employees were negligent in failing to place warning devices or signs to inform the travelling public of the presence of the…