Eller v. Department of Highways

WALLACE, JUDGE:

The claimant filed this claim in the amount of $120.62 for damages to his 1970 Chevrolet automobile.

On September 6,1979, at approximately 10:00 a.m., claimant was driving his automobile on Route 275 near Cabin Creek, West Virginia, which road is maintained by the respondent. The weather was clear. Proceeding along the highway, claimant came to a wooden-floor bridge at Little Creek. The claimant testified that, as he crossed this bridge, one of the floorboards “flew up and hit the exhaust and tore it up.” He further stated that he had crossed the bridge many times and knew that…