Dabiri v. Division of Highways

Claimant brought this action for damage to his water line which he alleges was caused by respondent’s negligent failure to secure properly a portion of the hillside adjacent to Route 11/1 also referred to as Bill’s Fork Road near Servia in Braxton County. Respondent is at all times herein responsible for the maintenance of Route 11/1 in Braxton County. The Court is of the opinion to deny this claim for the reasons set forth more fully below.

Claimant’s residence and property is located adjacent to County Route 11/1. Comity Route 11/1, also referred to as Bill’s Fork Road, is a “semi-improved”…