Garnes v. Division of Highways

Claimant brought this action for vehicle damage which occurred when a pine tree fell onto his parked 1998 Ford Escort. Claimant asserts that Respondent was notified that the tree was leaning dangerously over County Route 16, but Respondent failed to remove the tree prior to the Claimant’s incident. The Court is of the opinion to make an award in this claim for the reasons stated more fully below.

The incident giving rise to this claim occurred on May 3,2009. Claimant’s vehicle was parked at his parents’ residence, which is located on Clendenin Creek Road, designated as County Route 16, in…