Legal Opinion

Cook v. Division of Highways

West Virginia Court of Claims

Decided July 17, 2003No. CC-01-381Published

1Opinion of the Court

BAKER, JUDGE:

Claimants brought this action for personal injuries and damage to their vehicle which occurred when claimant Wilma Cook was operating their vehicle on State Route 85 near Quinland, Boone County, and the vehicle struck a hole on the edge of the road causing claimant Wilma Cookto lose control of the vehicle whereupon it crossed the road and struck the guardrail. Respondent was responsible at all times herein for the maintenance of State Route 85. The Court is of the opinion to deny this claim for the reasons set forth more fully below.

The incident giving rise to this claim occurred…

2Cases cited5 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Chapman v. Department of HighwaysWest Virginia Court of Claims · 1986
  3. Pritt v. Department of HighwaysWest Virginia Court of Claims · 1985
  4. Commercial Union Insurance v. Department of HighwaysWest Virginia Court of Claims · 1986
  5. Phares v. Division of HighwaysWest Virginia Court of Claims · 1996

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