Legal Opinion

Powell v. Division of Highways

West Virginia Court of Claims

Decided September 29, 1998No. CC-97-19Published

1Per curiam

The claimants brought this action for personal injuries to claimant Irene Powell which she incurred in an accident on a road maintained by the respondent in Jefferson County. On claimant’s motion, the Court bifurcated this claim on the issues of liability and damages. The Court on its own motion dismissed a named claimant, Dale Haller, when it was determined that he was not a party in interest in this claim. The Court will address the issue of liability only.

*105The incident giving rise to this claim occurred on January 15, 1995. Claimant Irene Powell was driving a 1990 Subaru Loyale station…

2Cases cited2 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Mcie v. Department of HighwaysWest Virginia Court of Claims · 1986

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