Hammon v. Ohio Dept. of Transp.
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[Cite as Hammon v. Ohio Dept. of Transp., 2005-Ohio-5750.] IN THE COURT OF CLAIMS OF OHIO RACHEL HAMMON : Plaintiff : v. : CASE NO. 2005-08786-AD : ENTRY OF DISMISSAL DEPARTMENT OF TRANSPORTATION Defendant : : : : : : : : : : : : : : : : : : {¶ 1} On August 1, 2005, plaintiff filed a complaint against defendant, Department of Transportation. Plaintiff alleges on July 15, 2005, while traveling eastbound on State Route 82 coming back from Applebee s at Southpark extensive damage to her vehicle. she struck a pothole causing Plaintiff seeks reimbursement for repairs in the amount of $1,000.00 which she asserts were caused by defendant s negligence. Plaintiff submitted the filing fee with the complaint. {¶ 2} On August 26, 2005, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant in pertinent part stated: Defendant has performed an investigation of this site and SR 82 around South Park Shopping Center falls under the maintenance jurisdiction of the City of Strongsville (See Attached Map). such, this section of roadway is not within the As maintenance jurisdiction of the defendant. {¶ 3} Plaintiff has not responded to defendant s motion to dismiss. The site of plaintiff s incident was within the city limits of Strongsville. {¶ 4} R.C. 5501.31 in pertinent part sates: Case No. 2005-08786-AD -2- ENTRY {¶ 5} 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 . . . {¶ 6} The site of the damage-causing incident was not the maintenance responsibility of defendant. Consequently, plaintiff s case is dismissed. {¶ 7} 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 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: Rachel Hammon 13948 E. Bagley Road Middleburg Hts., Ohio Plaintiff, Pro se 44130 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 10/4 Filed 10/7/05 Sent to S.C. reporter 10/27/05 For Defendant
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