Forester v. Division of Highways

Claimants brought this action for vehicle damage sustained when their son was driving their vehicle and he drove onto a deteriorated beim on County Route 38, locally known a s C ampbell H ill R oad, in M oundsville. A t this 1 ocation, County Route 38 is maintained by respondent in Marshall County. The Court is of the opinion to make an award in this claim for the reasons more fully set forth below.

The incident giving rise to this claim occurred on July 4, 2000, at approximately 3:00 to 5:00 p.m. Claimants’ son, Joshua Daniel Forester, was traveling on County Route 38 in claimants’ 1989 Jeep…