Styers v. Dept. of Transp., Dist. 12
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[Cite as Styers v. Dept. of Transp., Dist. 12, 2007-Ohio-7246.] 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 LORI STYERS Case No. 2007-04788-AD Plaintiff Deputy Clerk Daniel R. Borchert v. MEMORANDUM DECISION DEPARTMENT OF TRANSPORTATION, DISTRICT 12 Defendant FINDINGS OF FACT {¶1} 1) On March 14, 2007, at approximately 10:30 p.m., plaintiff, Lori Styers, was traveling south on State Route 608 in Middlefield, Ohio, when her automobile struck several potholes causing tire and wheel damage to the vehicle. Plaintiff recalled it had been raining on March 14, 2007, and the potholes were filled with rain water. {¶2} 2) Plaintiff asserted her property damage was proximately caused by negligence on the part of defendant, Department of Transportation ( DOT ), in failing to maintain the roadway. Consequently, plaintiff filed this complaint seeking to recover $769.86, the cost of replacement parts, repair costs, and other expenses resulting from the March 14, 2007, property damage event. The filing fee was paid. {¶3} 3) Defendant denied any liability in this matter asserting plaintiff failed to produce evidence establishing her property damage was related to any negligent act or omission on the part of DOT. Defendant denied liability based on the contention that no DOT personnel had any knowledge of the potholes on the roadway prior to plaintiff s property damage occurrence. Defendant located the damage-causing potholes, at approximately milepost 1.24 on SR 608 in Geauga County. {¶4} 4) Defendant denied receiving any calls or complaints regarding the Case No. 2007-04788-AD -2- MEMORANDUM DECISION particular potholes before plaintiff s incident. Defendant explained that DOT employees conduct roadway inspections, at least two times a month. Apparently no potholes were discovered during previous roadway inspections. Defendant suggested that the potholes likely, existed for only a short time before the incident, forming the basis of this claim. {¶5} 5) Plaintiff did not produce evidence establishing the length of time the potholes existed prior to his property damage occurrence at 10:30 p.m. on March 14, 2007. CONCLUSIONS OF LAW {¶6} 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, 3 O.O. 3d 413, 361 N.E. 2d 486. However, defendant is not an insurer of the safety of its highways. See Kniskern v. Township of Somerford (1996), 112 Ohio App. 3d 189, 678 N.E. 2d 273; Rhodus v. Ohio Dept. of Transp. (1990), 67 Ohio App. 3d 723, 588 N.E. 2d 864. {¶7} In order to prove a breach of the duty to maintain the highways, plaintiff 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, 517 N.E. 2d 1388. 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, 31 OBR 64, 507 N.E. 2d 1179. {¶8} Therefore, to find liability plaintiff must prove DOT had constructive notice of the defect. 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 developed. Spires v. Ohio Highway Department (1988), 61 Ohio Misc. 2d 262, 577 N.E. 2d 458. There is no indication defendant had constructive notice of the potholes. Plaintiff has not produced any evidence to infer defendant, in a general Case No. 2007-04788-AD -3- MEMORANDUM DECISION sense, maintains its highways negligently or that defendant s acts caused the defective condition. Herlihy v. Ohio Department of Transportation (1999), 99-07011-AD. Size of the defects (potholes) is insufficient to show notice or duration of existence. O Neil v. Department of Transportation (1988), 61 Ohio Misc. 2d 287, 587 N.E. 2d 891. {¶9} Plaintiff has not shown, by a preponderance of the evidence, that defendant failed to discharge a duty owed to plaintiff, or that plaintiff s injury was proximately caused by defendant s negligence. Plaintiff failed to show the damagecausing condition was connected to any conduct under the control of defendant or that there was an negligence on the part of defendant or its agents. Taylor v. Transportation Dept. (1998), 97-10898-AD; Weininger v. Department of Transportation (1999), 9910909-AD; Witherell v. Ohio Dept. of Transportation (2000), 2000-04758-AD. 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 LORI STYERS Plaintiff Case No. 2007-04788-AD Deputy Clerk Daniel R. Borchert v. DEPARTMENT OF TRANSPORTATION, DISTRICT 12 Defendant ENTRY OF ADMINISTRATIVE DETERMINATION 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. Court costs are assessed against plaintiff. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Lori Styers 5927 Ridge Road Cortland, Ohio 44410 RDK/laa 11/28 Filed 12/17/07 Sent to S.C. reporter 2/5/08 James G. Beasley, Director Department of Transportation 1980 West Broad Street Columbus, Ohio 43223
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