Black v. Ohio Dept. of Transp.
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[Cite as Black v. Ohio Dept. of Transp., 2007-Ohio-4392.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us KARLITA E. BLACK Plaintiff Case No. 2007-02203-AD Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL OHIO DEPT. OF TRANSPORTATION Defendant [Cite as Black v. Ohio Dept. of Transp., 2007-Ohio-4392.] {¶1} On February 22, 2007, plaintiff filed a complaint against defendant, Department of Transportation. Plaintiff asserts on November 3, 2006, at approximately 11:00 a.m., she tripped and fell while walking toward the entrance of the ODOT blg. to the Bureau of Motor Vehicles. Plaintiff related an officer at the building s entrance came out and assisted her. Plaintiff asserts she fell over a protruding edge of the concrete pavement. Plaintiff stated she received medical attention as the result of the fall and incurred medical bills in the amount of $835.10. Plaintiff contends her injuries were caused by defendant s negligent maintenance on their premises. The plaintiff submitted the filing fee with the complaint. {¶2} On March 15, 2007, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant stated in pertinent part: {¶3} Defendant ODOT moves to dismiss plaintiff s complaint because plaintiff s damage incident occurred proximate to the grounds and building maintained by BMV at 1970 West Broad Street, Defendant was able to locate a copy of the incident report for plaintiff s incident. Said report states that the accident occurred on the sidewalk toward the BMV entrance at 1970 W. Broad St. *** (See Exhibit A). The situs of the accident is made more evident as ODOT does not have an officer in the building at this time of day nor have a nurse in the building. {¶4} Plaintiff has not responded to defendant s motion to dismiss. {¶5} The site of plaintiff s slip and fall incident was not on the premise of defendant s building. Accordingly, defendant was not the appropriate defendant to sue. Therefore, defendant s motion to dismiss is GRANTED. Plaintiff s case is DISMISSED without prejudice. The court shall absorb the court costs of this case. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Karlita E. Black 1066 Lincoln Road Columbus, Ohio 43212 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Case No. 2007-02203-AD -3- ENTRY Columbus, Ohio 43223 DRB/laa 5/31 Filed 6/19/07 Sent to S.C. reporter 8/20/07
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