Opinion

Hall v. Dept. of Transp.

  • 2010 Ohio 6652
Court
Ohio Court of Claims
Filed
Oct 15, 2010
Status
Published
On the bench
Borchert
Cited by
0 cases

The opinion

[Cite as Hall v. Dept. of Transp., 2010-Ohio-6652.]

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

GEORGETTE D. HALL

Plaintiff

v.

DEPARTMENT OF TRANSPORTATION

Defendant

Case No. 2010-07610-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT

{¶ 1} “1) Plaintiff, Georgette D. Hall, filed this action against defendant,

Department of Transportation (ODOT), contending her 2007 Toyota Scion was

damaged as a proximate cause of negligence on the part of ODOT in maintaining a

hazardous condition on State Route 104 in Franklin County. Plaintiff related her car

was damaged when it struck a big pothole “right before Groveport/Parson exit” on State

Route 104. In her complaint, plaintiff submitted an invoice for automotive repair dated

August 14, 2009 reflecting costs for tire replacement (four), wheel replacement (two),

and four wheel alignment, totaling $1,195.00. Plaintiff requested damage recovery in

that amount. The filing fee was paid.

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

dismissed due to the fact that the City of Columbus and not ODOT bears the

maintenance responsibility for the section of State Route 104 where plaintiff’s incident

occurred. Defendant advised that, “the City of Columbus takes care of this

intersection.” Defendant stated that, “[i]n sum, the City of Columbus is responsible for

the maintenance of the roadway upon which plaintiff’s incident occurred (and) [a]s such,

the City of Columbus is the proper party to plaintiff’s claim.” The site of the damage

incident was not on a roadway area maintained by ODOT.

{¶ 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 state

instrumentalities of the state. ‘State’ does not include political subdivisions.”

{¶ 6} 2) 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} 3) 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

GOERGETTE D. HALL

Plaintiff

v.

DEPARTMENT OF TRANSPORTATION

Defendant

Case No. 2010-07610-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, judgment is rendered in favor

of defendant. Court costs are assessed against plaintiff.

________________________________

DANIEL R. BORCHERT

Deputy Clerk

Entry cc:

Georgette D. Hall Jolene M. Molitoris, Director

8104 Artisan Way Department of Transportation

Reynoldsburg, Ohio 43068 1980 West Broad Street

Columbus, Ohio 43223

RDK/laa

10/1

filed 10/15/10

Sent to S.C. reporter 2/2/11

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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