McDaniel v. Division of Highways

Claimant brought this action for vehicle damage sustained when his vehicle went over an embankment while he was traveling in inclement weather on County Route 1, near Bomont. At this location, County Route I is maintained by respondent in Clay County. The Court is of the opinion to deny this claim for the reasons more fully set forth below.

The incident giving rise to this claim occurred on December 24, 1999, at approximately 7:30 to 8:15 a.m. On the morning in question, Mr. McDaniel was traveling on County Route 1 near Bomont in his 1989 four-door Chevrolet Celebrity at a speed of about…