Legal Opinion

Adkins v. Division of Highways

West Virginia Court of Claims

Decided September 8, 1999No. CC-98-95Published

1Per curiam

Claimant brought this action for damage sustained to her vehicle as a result of an encounter with a large hole at the junction of W. Va. Route 61 and County Route 79/3, a junction maintained by respondent in Kanawha County. The Court is of the opinion to make an award for the reasons more fully stated below.

At the j unction of W. Va. Route 61 a nd County Route 79/3 there is an underpass, which is approximately thirty to fifty feet in length. Surprisingly, t he underpass throughway is flat. County Route 79/3 is about twenty-two feet wide, whereas W. Va. Route 61 is about twenty-four feet wide.…

2Cases cited2 opinions

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

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