West Virginia Court of Claims May 11, 1981, CC-80-383 (Dodd v. Department of Highways)

WALLACE, JUDGE:

On September 5, 1980, at about 10:45 p.m., the claimant, Arley Don Dodd, was operating his 1976 Chevrolet van in a westerly direction on Secondary State Route 43 approximately 5 miles north of Frame in Kanawha County, West Virginia. Route 43 in this area is a narrow, two-lane, blacktop road.