Dimmick v. Division of Highways

BAKER, JUDGE:

Claimants brought this action for personal injuries and loss of consortium resulting from an accident which occurred on W.Va. Route 2 in Marshall County. The Court is of the opinion that the respondent has a moral obligation to compensate the claimants in light of the known and serious nature of rock fall hazards along this section of Route 2.

FACTS

The incident giving rise to this claim occurred on January 12, 1995, at approximately 6:34 a.m. Claimant Daniel Dimmick was driving his 1994 Toyota pickup truck southbound on Route 2 in an area known as the “Glen Dale Narrows.” Route 2…