Cusack v. Division of Highways

Claimant brought this action for damage to her 1998 Ford Windstar which occurred when a tree limb fell onto her vehicle while she was traveling on Mill Creek Road in Beckley, Raleigh County. Mill Creek Road is a road maintained by respondent. The Court is of the opinion to deny the claim for the reasons more fully stated below.

*16The incident giving rise to this claim occurred between 6:00 p.m. and 6:30 p.m. on November 28, 2004. Mill Creek Road is a two-lane highway at the area of the incident involved in this claim. Claimant testified that she was traveling on Mill Creek Road when her vehicle…