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March 28, 2008
Jury orders DOH pay $8 million to Weirton man

WELLSBURG -- The state Division of Highways has been ordered to pay $8 million to a Weirton man because of a delay in replacing a guardrail.

A Brooke County Circuit Court jury recently awarded the judgment to 35-year-old Keith West, who had sued the DOH after he was injured in a January 2005 accident.

West's lawsuit said the car he was riding in veered off a snow-covered highway in Morgantown and fell 75 feet over an embankment.

A 27-foot section of guardrail that might have stopped the car had been knocked down two months earlier in another accident, said Jason Cuomo, West's attorney.

The guardrail wasn't replaced until Feb. 7, 2005, according to the lawsuit.

"We regret any injuries on our roads. However, we're disappointed in this verdict. We felt we had a defensible case and we are reviewing our options,'' said Brent Walker, a spokesman for the state Department of Transportation.

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