Legal Opinion

Sweda v. Department of Highways

West Virginia Court of Claims

Decided August 5, 1980No. CC-79-479PublishedCited by 44 opinions

1Opinion of the Court

RULEY, JUDGE:

At approximately 8:00 a.m. on an unspecified day in September, 1979, the claimant was driving his 1972 Ford automobile east on City Crest Drive in Huntington, West Virginia. As he rounded a curve to his right, a truck met and passed him. At no time did the truck cross over the center line of this two-lane road. In passing the truck, the claimant dropped both right wheels off the pavement and both wheels struck a concrete culvert immediately adjacent and perpendicular to the pavement. The top of the culvert was level with the pavement, but there was a drop of six to twelve inches…

2Cases cited2 opinions

  1. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  2. Taylor v. City of HuntingtonWest Virginia Supreme Court · 1944

3Cited by44 opinions

  1. Compton v. Division of HighwaysWest Virginia Court of Claims · 1995
  2. Dunlap v. Department of HighwaysWest Virginia Court of Claims · 1980
  3. Peters v. Department of HighwaysWest Virginia Court of Claims · 1980
  4. Allen v. Division of HighwaysWest Virginia Court of Claims · 2010
  5. Asbury v. Division of HighwaysWest Virginia Court of Claims · 2010

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