# Wall v. Dept. of Transp. > Ohio Court of Claims · April 5, 2011 · 2011 Ohio 3532 URL: https://www.frixlaw.com/law-library/cases/2695344 ## Case - **Court:** Ohio Court of Claims - **Decided:** April 5, 2011 - **Citations:** 2011 Ohio 3532 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Borchert - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2695344 ## Opinion text [Cite as Wall v. Dept. of Transp., 2011-Ohio-3532.] 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 BRENDA L. WALL Plaintiff v. DEPARTMENT OF TRANSPORTATION Defendant Case No. 2010-10700-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Brenda L. Wall, filed this action against defendant, Department of Transportation (ODOT), contending that the exhaust system on her 1989 Ford Mustang was damaged as a proximate cause of negligence on the part of ODOT in maintaining a hazardous condition on Sunbury Road in Franklin County. Specifically, plaintiff claimed her car was damaged when the vehicle struck an exposed manhole that had become elevated from the roadway surface after the surface was milled in preparation for repaving Sunbury Road. Plaintiff recalled the described damage incident occurred on September 11, 2010 at approximately 10:00 a.m. In her complaint, plaintiff requested damages in the amount of $180.00, the stated cost of automotive repair. The filing fee was paid. {¶ 2} 2) Defendant filed an investigation report requesting plaintiff’s claim be dismissed due to the fact that “ODOT is not responsible for maintenance of this portion of Sunbury Road” where plaintiff’s incident occurred. Defendant provided documentation (a map) showing the maintenance jurisdiction for Sunbury Road lies with either the Franklin County Engineer or the City of Westerville, depending on the precise location described. Defendant related, “[i]n sum, the Franklin County Engineer or City of Westerville is responsible for the maintenance of the roadway upon which plaintiff’s incident occurred.” {¶ 3} 3) Plaintiff did not respond. CONCLUSIONS OF LAW {¶ 4} 1) R.C. 2743.01(A) provides: {¶ 5} “(A) ‘State’ means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. ‘State’ does not include political subdivisions.” {¶ 6} R.C. 2743.02(A)(1) states in pertinent part: {¶ 7} “(A)(1) The state hereby waives its immunity from liability, except as provided for the office of the state fire marshal in division (G)(1) of section 9.60 and division (B) of section 3737.221 of the Revised Code and subject to division (H) of this section, and consents to be sued, and have its liability determined, in the court of claims created in this chapter in accordance with the same rules of law applicable to suits between private parties, except that the determination of liability is subject to the limitations set forth in this chapter and, in the case of state universities or colleges, in section 3345.40 of the Revised Code, and except as provided in division (A)(2) or (3) of this section. To the extent that the state has previously consented to be sued, this chapter has no applicability.” {¶ 8} R.C. 5501.31 in pertinent part states: {¶ 9} “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 . . .” {¶ 10} The site of the damage-causing incident was not the maintenance jurisdiction of defendant. Consequently, plaintiff’s case is dismissed. 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 BRENDA L. WALL Plaintiff v. DEPARTMENT OF TRANSPORTATION Defendant Case No. 2010-10700-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, this case is DISMISSED. The court shall absorb the court costs in excess of the filing fee. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Brenda L. Wall Jerry Wray, Director 4819 Ruff Court Department of Transportation Gahanna, Ohio 43230 1980 West Broad Street Columbus, Ohio 43223 RDK/laa 2/24 Filed 4/5/11 Sent to S.C. reporter 7/8/11 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2695344. Public record. Not legal advice.