Cecil v. Department of Highways

WALLACE, JUDGE:

On September 19, 1978, claimant’s decedent, O’Dell M. Cecil, was driving a tractor trailer truck south on W.Va. Route 34 towards Hamlin, Lincoln County, West Virginia. The decedent was involved in an accident which resulted in his death. His widow, as ad-ministratrix of his estate, brings this wrongful death action in the amount of $500,000.00, based upon the respondent’s allegedly negligent maintenance of the berm along Route 34. Respondent alleges that the decedent’s negligence was the proximate cause of the accident.

Bobby H. Walden, a resident of Hamlin, West Virginia, was…