Warren v. Dept. of Transp. (Ohio 2008)

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KATHERINE WARREN

Plaintiff v.
DEPT. OF TRANSPORTATION

Defendant



Case No. 2008-06661-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF DISMISSAL


On June 25, 2008, plaintiff, Katherine Warren, filed a complaint against defendant, Department of Transportation. Plaintiff alleges on March 20, 2008, at approximately 7:00 a.m., "I was driving on North Broadway (from High Street) (in Columbus, Ohio) going west and as I was approaching 315 North I hit an enormous pothole." Plaintiff asserts she sustained two flat tires and rim damage to her vehicle.
She seeks damages in the amount of $544.84.
On August 15, 2008, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant stated in pertinent part:

"Defendant has performed an investigation of this site and Transportation Manager 2, Don Thomas, states that this area fal s under the maintenance jurisdiction of the City of Columbus. The Ohio Department of Transportation does not maintain SR 315 until you get further north at Hard Road, East North Broadway fal s under the maintenance of the City of Columbus. (See Attached Map) As such, this section of roadway is not within the maintenance jurisdiction of the defendant."


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Case No. 2008-06661-AD - 2 - ENTRY

Plaintiff has not responded to defendant's motion to dismiss. The site of the damage-causing incident was located in the City of Columbus.
Ohio Revised Code Section 5501.31 in pertinent part states:

"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 . . ."

The site of the damage causing incident was not the maintenance responsibility of defendant. Consequently, plaintiff's case is dismissed.
Having considered all the evidence in the claim file and, for the reasons set forth above, defendant's motion to dismiss is GRANTED. Plaintiff's case is DISMISSED. The court shall absorb the court costs of this case.





____________________



DANIEL R.
BORCHERT

Deputy Clerk

Entry cc: Katherine Warren

Thomas P. Pannett 265 W. Fountain Avenue

Department of Transportation Delaware, Ohio 43015

1980 West Broad Street

Columbus, Ohio
43223 DRB/laa Filed 10/14/08 Sent to S.C. reporter 1/6/
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