Rhodes v. Ohio Dept. of Transp.
Annotate this Case
Download PDF
[Cite as Rhodes v. Ohio Dept. of Transp., 2005-Ohio-3646.] IN THE COURT OF CLAIMS OF OHIO SUSAN RHODES : Plaintiff : v. : CASE NO. 2005-03661-AD : ENTRY OF DISMISSAL DEPARTMENT OF TRANSPORTATION Defendant : : : : : : : : : : : : : : : : : : {¶ 1} On January 29, 2005, at approximately 6:00 p.m., plaintiff was driving northbound on State Route 8 when she struck a pothole near the Graham Road underpass. Plaintiff seeks reimbursement for tire replacement and balancing in the amount of $103.25. Plaintiff submitted the filing fee with the complaint. {¶ 2} On May 13, 2005, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant stated in pertinent part: {¶ 3} Defendant has performed an investigation of this site and this section of SR 8, by the Graham Road underpass, and it falls under the maintenance jurisdiction of the City of Cuyahoga Falls in Summit County (See Attached Map). As such, this section of roadway is not within the maintenance jurisdiction of the defendant. {¶ 4} Plaintiff has not responded to defendant s motion to dismiss. The site of plaintiff s incident was within the city limits of Cuyahoga Falls. {¶ 5} R.C. 5501.31 in pertinent part states: {¶ 6} Except in the case of maintaining, repairing, erecting traffic signs on, or pavement marking of state highways within Case No. 2005-03661-AD -2- ENTRY 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 . . . {¶ 7} The site of the damage-causing incident was not the maintenance responsibility of the defendant. Consequently, plaintiff s case is dismissed. {¶ 8} 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 costs of this case. The court shall absorb The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Susan Rhodes 3829 Heron Court Stow, Ohio 44224 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 Plaintiff, Pro se For Defendant Case No. 2005-03661-AD DRB/laa 6/20 Filed 6/24/05 Sent to S.C. reporter 7/20/05 -3- ENTRY
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
