Sharp v. Division of Highways

The claimant brought this action for damage to her vehicle which occurred after a tree fell on the vehicle on a road maintained by the respondent in Mason County.

The incident giving rise to this claim occurred on July 30, 1997. The claimant’s *95daughter-in-law, Jessica Sharp, was driving the claimant’s 1989 Pontiac Grand Am southbound to work on WV Route 2 near Point Pleasant. It was approximately 2:50 p.m.; the weather was clear and dry. The evidence adduced at hearing was that a dead tree fell on the car, damaging the hood and fenders and shattering the windshield. The claimant submitted into…