Donato v. Division of Highways

Claimant brought this action for vehicle damage which occurred s a result of a negligently, maintained berm while traveling northbound on Route 35, McGraws Run Road, in Valley Grove, one-half mile north of Atkinson’s Crossing Road. Route 35 is a road maintained by respondent in Ohio County. The Court is of the opinion to make an award in this claim for the reasons more.fully stated below.

The incident giving rise to this claim occurred on September 14, 1998, at approximately 9:30 to 10:00 a.m. On the sunny morning in question, claimant was proceeding southbound on Route 35, McGraws Run Road,…