White v. Department of Highways

GRACEY, JUDGE:

On or about January 6, 1985, claimant's wife, Georgia White, was travelling on State Route 49 near Matewan, Mingo County, in a 1983 Chevrolet pickup truck. The vehicle which Georgia White was operating slid on a patch of ice on the highway. She lost control of the vehicle which struck a wall. She died in the accident. Claimant seeks $175,000.00 for the wrongful death of his wife.

Claimant alleges that the area where the accident occurred is improperly ditched. In addition, this defective condition has existed for a long period of time, and respondent had constructive notice of…