[Cite as Clevenger v. Ohio Dept. of Transp., 2006-Ohio-7167.]
IN THE COURT OF CLAIMS OF OHIO
JULIE D. CLEVENGER
:
Plaintiff
:
v.
:
CASE NO. 2006-01181-AD
OHIO DEPT. OF TRANSPORTATION
:
MEMORANDUM DECISION
Defendant
:
: : : : : : : : : : : : : : : : :
FINDINGS OF FACT
{¶ 1} 1) On December 6, 2005, at approximately 1:35 p.m.,
plaintiff,
Julie
D.
Clevenger,
was
traveling
eastbound
on
Interstate 90, “approximately 1 mile before the Crocker/Bassett
Rd. Exit,” in Cuyahoga County, when her automobile struck an
object
laying
in
the
roadway.
The
object,
which
plaintiff
stated, “looked like a black chunk of ice and appeared to be
flat,” caused tire and rim damage to plaintiff’s vehicle.
{¶ 2} 2) Plaintiff filed this complaint seeking to recover
$401.88,
the
entire
cost
for
replacement
parts.
Plaintiff
asserted she sustained these damages as a result of negligence
on
the
part
of
defendant,
maintaining the roadway.
Department
of
Transportation,
in
Plaintiff has also filed a claim for
$125.00 for her mother missing a court appearance due to the
December 6, 2005, property damage incident.
paid.
The filing fee was
Case No. 2006-01181-AD
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MEMORANDUM DECISION
{¶ 3} 3) Defendant has denied liability based on the fact it
had no knowledge the debris condition was on the roadway.
{¶ 4} 4) Plaintiff has not presented any evidence to indicate
the length of time the debris condition was on the roadway prior
to her property-damage occurrence.
CONCLUSIONS OF LAW
{¶ 5} 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
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.
{¶ 6} In order to recover on a claim of this type, plaintiff
must
prove
notice
either:
of
the
1)
defect
defendant
(debris)
had
and
actual
failed
or
to
constructive
respond
in
a
reasonable time or responded in a negligent manner, or 2) that
defendant,
in
negligently.
0287-AD.
a
general
sense,
maintains
its
highways
Denis v. Department of Transportation (1976), 75-
For constructive notice to be proven, plaintiff must
show sufficient time has elapsed after the dangerous condition
(debris)
should
appears,
have
so
acquired
that
under
knowledge
the
of
circumstances,
its
existence.
Dept. of Transportation (1978), 78-0126-AD.
is
precluded
from
making
an
inference
defendant
Guiher
v.
The trier of fact
of
defendant’s
constructive notice, unless evidence is presented in respect to
the
time
roadway.
the
defective
condition
(debris)
appeared
on
the
Spires v. Highway Department (1988), 61 Ohio Misc. 2d
Case No. 2006-01181-AD
262.
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MEMORANDUM DECISION
Evidence has shown defendant did not have any notice,
either actual or constructive, of the damage-causing debris.
{¶ 7} Plaintiff
has
defendant,
in
a
negligently
or
that
condition.
not
produced
general
any
sense,
defendant’s
evidence
maintains
acts
to
infer
its
the
caused
highways
defective
Herlihy v. Ohio Department of Transportation (1999),
99-07011-AD.
Therefore, defendant is not liable for any damage
plaintiff may have suffered from the debris condition.
{¶ 8} Plaintiff
evidence,
that
has
not
defendant
shown,
failed
by
to
a
preponderance
discharge
a
the
owed
duty
of
to
plaintiff, or that plaintiff’s injury was proximately caused by
defendant’s
negligence.
damage-causing
debris
Plaintiff
condition
failed
was
to
connected
show
to
that
any
the
conduct
under the control of defendant or that there was any negligence
on
the
part
Transportation
of
defendant
Dept.
(1998),
or
its
agents.
97-10898-AD;
Taylor
Weininger
v.
v.
Department of Transportation (1999), 99-10909-AD; Witherell v.
Ohio Dept. of Transportation (2000), 2000-04758-AD.
Case No. 2006-01181-AD
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MEMORANDUM DECISION
IN THE COURT OF CLAIMS OF OHIO
JULIE D. CLEVENGER
:
Plaintiff
:
v.
:
CASE NO. 2006-01181-AD
OHIO DEPT. OF TRANSPORTATION
:
ENTRY OF ADMINISTRATIVE
DETERMINATION
Defendant
:
: : : : : : : : : : : : : : : : :
Having considered all the evidence in the claim file and,
for
the
reasons
concurrently
defendant.
set
forth
herewith,
in
the
judgment
is
memorandum
rendered
decision
in
filed
favor
Court costs are assessed against plaintiff.
of
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:
Julie D. Clevenger
859 Walnut Street
Elyria, Ohio 44035
Plaintiff, Pro se
Gordon Proctor, Director
Department of Transportation
1980 West Broad Street
Columbus, Ohio 43223
For Defendant
Case No. 2006-01181-AD
RDK/laa
3/30
Filed 4/11/06
Sent to S.C. reporter
5/11/06
-2-
MEMORANDUM DECISION
