Britton v. Department of Highways

Claimant seeks $279.85 for property damage he incurred as the result of an accident which occurred at approximately 3:00 p.m. on June 27, 1989 on Corridor G, a four-lane highway, in Kanawha County. Claimant was traveling in his vehicle, a 1986 Bronco, when his vehicle encountered "... concrete sticking out of the road..."

He testified that the concrete consisted of pieces 10-12 inches in diameter. The concrete was broken across the whole lane of traffic, specifically, he stated that the concrete was broken into slabs, and "Well, you couldn't see it until you was right up on it or I couldn't."…