Wilcox v. Ohio Dept. of Transp.

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[Cite as Wilcox v. Ohio Dept. of Transp., 2003-Ohio-7307.] IN THE COURT OF CLAIMS OF OHIO ALAN WILCOX : Plaintiff : v. : DEPARTMENT OF TRANSPORTATION Defendant CASE NO. 2003-10457-AD : ENTRY OF DISMISSAL : ::::::::::::::::: {¶1} On October 9, 2003, plaintiff filed a complaint against defendant, Department of Transportation. Plaintiff alleges on April 19, 2001, while traveling north on State Route 11, approaching the first overpass after the Calcutta exit, he struck a piece of cement lying in the traveled portion of the roadway. As the result of striking this roadway debris he sustained automotive damages in the amount of $1,495.39. He asserts defendant should be responsible for this expense. Plaintiff submitted the filing fee with the complaint. {¶2} On November 3, 2003, defendant filed a motion to dismiss based on the statute of limitations. R.C. 2743.11(A) states: Subject to division (B) of this section, civil actions against the state permitted by sections 2743.01 to 2743.20 of the Revised Code shall be commenced no later than two years after the date of the accrual of the cause of action or within any shorter period that is applicable to similar suits between private parties. Plaintiff filed the complaint over two years after the accrual of the cause of action. {¶3} Having considered all the evidence in the claim file, and, for the reasons set forth above, defendant s motion to dismiss is GRANTED and plaintiff s case is dismissed. Court costs shall be absorbed by the court. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. Case No. 2003-10457-AD -2- ENTRY ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Alan Wilcox 39048 Grant Street Lisbon, Ohio 44432 Plaintiff, Pro se Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 For Defendant DRB/laa 12/10 Filed 12/17/03 Sent to S.C. reporter 1/9/04

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