# Limato v. Fairfield County, Unpublished Decision (12-2-2002)

> Ohio Court of Appeals · December 2, 2002

URL: https://www.frixlaw.com/law-library/cases/3734397

## Case

- **Full name:** Anthony Limato v. Fairfield County
- **Court:** Ohio Court of Appeals
- **Decided:** December 2, 2002
- **Precedential status:** Unpublished
- **Opinion:** Concurrence
- **Judges:** BOGGINS, J.
- **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/3734397

## Opinion text

¶ 28 I concur in the majority's analysis and disposition of appellants' assignments of error. However, absent from the majority's analysis is any discussion of appellants' claim appellees failed to maintain the culvert.
{¶ 29} While the Franks case holds appellants' claims involving negligent design and construction defects are insufficient to constitute a nuisance and therefore sovereign immunity applies, a number of courts have restricted Franks ' application to design and construction defects as distinguished from maintenance of roadways; e.g., Dickerhoof v. Canton
(1983), 6 Ohio St.3d 128 ; Adkins v. Ontario (1983), 8 Ohio St.3d 45 ; and Thompson v. Muskingum Cty. Bd. of Comm'rs. (Nov. 12, 1998), Muskingum App. No. CT98-0010, unreported.
{¶ 30} Appellants claim "Once the decision to construct the culvert was made, maintenance features such as concrete head walls with wing walls, a cement floor and concrete aprons would have prevented the erosion and scour that was certain to occur." Appellants' Brief at 8. While appellants characterize these features as maintenance, I find they essentially relate to design and construction defects. The Dickerhoof , Adkins, and Thompson cases are all significantly factually distinguishable and clearly involve maintenance issues. I do not find appellant's failure to maintain allegations fall outside the parameters established in Franks .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3734397. Public record. Not legal advice.