Opinion

Yeager v. Ohio Dept. of Transp.

  • 2011 Ohio 4800
Court
Ohio Court of Claims
Filed
Jun 17, 2011
Status
Published
On the bench
Borchert
Cited by
0 cases
Authority
More cited than 32.2%

The opinion

[Cite as Yeager v. Ohio Dept. of Transp., 2011-Ohio-4800.]

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor

Columbus, OH 43215

614.387.9800 or 1.800.824.8263

www.cco.state.oh.us

LAUREN R. YAEGER

Plaintiff

v.

OHIO DEPT. OF TRANSPORTATION

Defendant

Case No. 2011-03324-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT

{¶1} 1) Plaintiff, Lauren Yaeger, filed this complaint against defendant,

Department of Transportation (ODOT), alleging that she suffered substantial damage to

her 2009 Chevrolet Cobalt as a proximate result of negligence on the part of ODOT in

maintaining a hazardous condition on Interstate 27 near Cincinnati. Plaintiff stated she

was driving northbound on I-27 when she noticed the car ahead of her apply its brakes

and then saw something fly up and hit the pavement. Plaintiff was unable to avoid the

object which then “popped” and caused damage to plaintiff’s bumper and radiator.

Plaintiff recalled the incident occurred on February 8, 2011 at approximately 10:15 p.m.

Plaintiff seeks damages in the amount of $1,786.23, the cost of replacement parts and

related repair expenses. The filing fee was paid.

{¶2} 2) Defendant filed an investigation report requesting plaintiff’s claim be

dismissed due to the fact the city of Cincinnati and not ODOT bears the maintenance

responsibility for the roadway where plaintiff’s incident occurred. In support of the

request to dismiss, ODOT stated, “[d]efendant has performed an investigation of this

site and this section of US 27 falls under the maintenance jurisdiction of the City of

Cincinnati.” Defendant pointed out that the only area of US 27 that meets plaintiff’s

description of where the incident occurred is the section of roadway “just north of I-74

shown in the attached aerial view.” ODOT further stated, “[a]s such this section of

roadway is not within the maintenance jurisdiction of the defendant.” Consequently,

defendant contended the city of Cincinnati is the proper party defendant to plaintiff’s

action. The site of the damage-causing incident was located in the city of Cincinnati.

{¶3} 3) Plaintiff did not file a response.

CONCLUSIONS OF LAW

{¶4} Ohio Revised Code Section 5501.31 in pertinent part states:

{¶5} “Except in the case of maintaining, repairing, erecting traffic signs on, or

pavement marking of state highways within villages, which is mandatory as required by

section 5521.01 of the Revised Code, and except as provided in section 5501.49 of the

Revised Code, no duty of constructing, reconstructing, widening, resurfacing,

maintaining, or repairing state highways within municipal corporations, or the bridges

and culverts thereon, shall attach to or rest upon the director, but he may construct,

reconstruct, widen, resurface, maintain, and repair the same with or without the

cooperation of any municipal corporation, or with or without the cooperation of boards of

county commissioners upon each municipal corporation consenting thereto.”

{¶6} The site of the damage-causing incident was not the maintenance

jurisdiction of defendant. Consequently, plaintiff’s case must be dismissed. See Sandu

v. Ohio Dept. of Transp., Ct. of Cl. No. 2008-02606-AD, 2008-Ohio-6858, Gerzina v.

Ohio Dept. of Transp., Ct. of Cl. No. 2010-09809-AD, 2011-Ohio-1952.

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor

Columbus, OH 43215

614.387.9800 or 1.800.824.8263

www.cco.state.oh.us

LAUREN R. YEAGER

Plaintiff

v.

OHIO DEPT. OF TRANSPORTATION

Defendant

Case No. 2011-03324-AD

Deputy Clerk Daniel R. Borchert

ENTRY OF ADMINISTRATIVE DETERMINATION

Having considered all the evidence in the claim file and, for the reasons set forth

in the memorandum decision filed concurrently herewith, plaintiff’s claim is DISMISSED.

Court costs are assessed against plaintiff.

________________________________

DANIEL R. BORCHERT

Deputy Clerk

Entry cc:

Lauren R. Yeager Jerry Wray, Director

Miami University Department of Transportation

Hamilton Hall, Room 210 1980 West Broad Street

South Oak Columbus, Ohio 43223

Oxford, Ohio 45056

SJM/laa

6/1

Filed 6/17/11

Sent to S.C. reporter 9/21/11

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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