Hamby v. Division of Highways

Claimant brought this action for damage to her 1989 Chevrolet S-10 pick-up ruck which occurred when she was operating her vehicle on Route 49 near Merrimac, Mingo County, and a tree fell and struck her vehicle. Respondent was responsible at all times for the maintenance of this portion of Route 49 in Mingo County. The Court is f 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 April 26, 2001, at proximately 8:50 a.m. The weather was clear and the road surface was dry and in good condition. Claimant Mary Hamby…