Mahafkey v. Division of Highways

On January 1,2 1992, the claimant, a resident of Dunbar in Kanawha County, was traveling east on Interstate 64 at approximately 6:45 a.m. when her vehicle went over rocks and debris scattered upon the center lane of the interstate near the Oakwood exit within the city of Charleston. The claimant testified that she noticed the rocks and debris within her headlights range only some 20 feet before impact due to the early morning darkness. She further testified that falling rock and related warning signs were not present in the area. Parallel traffic prevented the claimant from changing lanes to…