Potter v. Division of Highways

On February 3, 1989, claimant and her daughter were travelling on State Route 52, near Welch, in McDowell County. As claimant entered an area of the road known as "Premier Cut", rocks began falling from the overhanging cliff and struck claimant's 1976 Chevrolet Monte Carlo. Claimant momentarily lost control of her vehicle, but testified that she "got the car braked without running into anything." The rock fall, however, dented and scratched the vehicle. A Chevrolet dealership estimates repairs to cost $661.23, the amount for which this claim is brought. Claimant testified that she 'drives…