Our client was driving home late at night on a two-lane road when she rounded a curve and collided with a large boulder that had fallen from the mountainside. She suffered multiple serious injuries, including a broken hip. Through our investigation, we discovered that another driver had reported the boulder to 911, and the Department of Highways (DOH) had been notified. A DOH employee responded, saw the boulder, and left the scene without setting up any warnings—no lights, flares, or barriers—before going to retrieve heavy equipment. Unfortunately, by the time he returned, our client had already crashed.
The insurance company denied the claim, arguing that because the employee was not physically present at the time of the accident, there was no insurance coverage due to governmental immunity. After extensive litigation and motion practice in Preston County, West Virginia, the Court ruled in our favor, finding that an insurance exclusion cannot lead to an absurd result and that the employee’s failure to act was sufficient to trigger coverage. Following this ruling, the case was quickly and fairly settled.
Type of Case: Auto Accident – Road Hazard & Government Negligence
Relevant Issues:
- Dangerous road conditions
- Government responsibility for roadway hazards
- Failure to warn motorists
- Insurance coverage and immunity defense
- Court ruling establishing liability