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THOMAS G. KRESS

Plaintiff v.
OHIO DEPARTMENT OF TRANSPORTATION

Defendant



Case No. 2008-09562-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF DISMISSAL


On September 9, 2008, plaintiff, Thomas G. Kress, filed a complaint against defendant, Department of Transportation. Plaintiff alleges on July 16, 2008, at approximately 2:00 p.m., he struck a stone "about 8" in diameter from the right lane of Highway 65 near exit 199B," with his 2005 Jaguar S. As a result of striking the stone plaintiff sustained damage and repair costs to his vehicle in the amount of $486.47.
Plaintiff attributes his damages to the failure of defendant to maintain the roadway free of debris. Plaintiff submitted the filing fee with the complaint and also seeks reimbursement of that amount.
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 SR 65 or Miami Street at Exit 199 fal s under the maintenance jurisdiction of the City of Toledo. (See Attached Map) As such, this section of roadway is not within the maintenance jurisdiction of the defendant."


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Case No. 2008-09562-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 Toledo.
Ohio Revised Code 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 culverts thereon, shall attach to or rest upon the director, but the director 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."

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: Thomas G. Kress

Thomas P. Pannett 131 Harbor Point Road

Department of Transportation Rossford, Ohio 43460

1980 West Broad Street



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Case No. 2008-09562-AD - 3 - ENTRY



Columbus, Ohio
43223 DRB/laa 12/9 Filed 12/16/08 Sent to S.C. reporter 3/6/
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