Crouse v. Division of Highways

Claimant brought this action for vehicle damage sustained when their son-in-law was driving their vehicle and it struck a rock. He was traveling northbound on Route 10 between Cyclone and Davin. At this location, Route 10 is maintained by respondent in Wyoming County. The Court is of the opinion to deny this claim for the reasons more fully set forth below.

The incident giving rise to this claim occurred on December 28, 1999, at approximately 6:30 to 7:00 p.m. Claimants’ son-in-law Wiley Russell Martin was operating their 2000 Dodge Neon at a speed of about forty-five to fifty miles per hour.…