West Virginia Court of Claims January 28, 1981, CC-80-268 (Wolford v. Department of Highways)

RULEY, JUDGE:

This claim grows out of an accident that occurred on May 20, 1980, when a live red oak tree fell across Waldo Run Road, in Doddridge County, and damaged two automobiles owned by the claimants. The automobiles, a 1976 Buick Regal and a 1973 Fiat, were parked in proximity to the road and in front of the claimants’ home. The tree was approximately 75 feet high.

Ernest N.