White v. Ohio Dept. of Transp.
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[Cite as White v. Ohio Dept. of Transp., 2005-Ohio-4220.] IN THE COURT OF CLAIMS OF OHIO DELICIA WHITE, et al. : Plaintiffs : v. : CASE NO. 2005-04454-AD : MEMORANDUM DECISION OHIO DEPARTMENT OF TRANSPORTATION : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On March 6, 2005, at approximately 8:00 p.m., plaintiff, Tony White, Jr., was traveling north on Interstate 75 past the Interstate 74 Exit in Hamilton County, when his automobile struck a huge pothole causing tire and wheel damage to the vehicle. {¶ 2} 2) Plaintiffs filed this complaint seeking to recover $693.78, their total cost of automotive repair which plaintiffs contend they incurred as a result of negligence on the part of defendant, Department of Transportation ( DOT ), in maintaining the roadway. The $25.00 filing fee was paid. {¶ 3} 3) Defendant denied liability based on the contention it professed to have no knowledge of the damage-causing pothole prior to plaintiffs incident. Defendant suggested the pothole plaintiffs car struck probably existed for only a relatively short amount of time before the time of the incident. Defendant denied receiving any prior complaints about the pothole which DOT located at milepost 4.48 in Hamilton County. {¶ 4} 4) Plaintiffs did not submit any evidence to establish the length of time the pothole existed prior to the March 6, 2005, property damage event. {¶ 5} 5) Furthermore, defendant explained DOT employees conduct roadway inspections on a routine basis and had any of these employees detected a roadway defect that defect would have promptly been repaired. Defendant contended, plaintiffs did not produce sufficient evidence to prove DOT breached any duty of care owed to the traveling public in respect to roadway maintenance. CONCLUSIONS OF LAW {¶ 6} 1) Defendant has the duty to maintain its highways in a reasonably safe condition for the motoring public. Knickel v. Ohio Department of Transportation (1976), 49 Ohio App. 2d 335. However, defendant is not an insurer of the safety of its highways. See Kniskern v. Township of Somerford (1996), 112 Ohio App. 3d 189; Rhodus v. Ohio Dept. of Transp. (1990), 67 Ohio App. 3d 723. {¶ 7} 2) highways, In order to prove a breach of the duty to maintain the plaintiffs must prove, by a preponderance of the evidence, that defendant had actual or constructive notice of the precise condition or defect alleged to have caused the accident. McClellan v. ODOT (1986), 34 Ohio App. 3d 247. Defendant is only liable for roadway conditions of which it has notice, but fails to reasonably correct. Bussard v. Dept. of Transp. (1986), 31 Ohio Misc. 2d 1. {¶ 8} 3) There is no evidence defendant had actual notice of the damage-causing pothole. {¶ 9} 4) The trier of fact is precluded from making an inference of defendant s constructive notice, unless evidence is presented in respect to the time the defective condition (pothole) developed. Spires v. Highway Department (1988), 61 Ohio Misc. 2d 262. {¶ 10} notice or 5)Size of the defect (pothole) is insufficient to show duration of existence. O Neil Transportation (1988), 61 Ohio Misc. 2d 297. v. Department of {¶ 11} plaintiffs dangerous 6)In must order show condition for there sufficient (pothole) to time be constructive has appears, elapsed so that notice, after the under the circumstances, defendant should have acquired knowledge of the existence of the defect. {¶ 12} Guiher v. Jackson (1978), 78-0126-AD. 7)No evidence has shown defendant had constructive notice of the pothole. {¶ 13} 8)Furthermore, plaintiffs have failed to show defendant negligently maintained the roadway. IN THE COURT OF CLAIMS OF OHIO DELICIA WHITE, et al. : Plaintiffs : v. : CASE NO. 2005-04454-AD : ENTRY OF ADMINISTRATIVE DETERMINATION OHIO DEPARTMENT OF TRANSPORTATION : Defendant : : : : : : : : : : : : : : : : : 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. are assessed against plaintiffs. Court costs The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Delicia White Tony White, Jr. 677 Evangeline Road Cincinnati, Ohio 45240 Plaintiffs, Pro se Gordon Proctor, Director Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 For Defendant DRB/RDK/laa 6/29 Filed 7/26/05 Sent to S.C. reporter 8/11/05
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