Riggs v. Division of Highways

Claimant seeks an award for damage to his 1991 Toyota Camry station-wagon which occurred when he encountered a depression in the berm area of Route 34 in Lincoln County.

Claimant states that on August 2, 1996, he was driving in an easterly direction on Route 34 towards Hurricane. It was between 6:00 and 8:00 p.m., and the claimant had just crossed a newly constructed bridge at Coon Creek. The evidence indicates that Route 34 in this area is a paved two-lane road with several curves. Photographs introduced by the claimant indicate that the road surface on the curve where claimant was traveling…