[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
