Hopson v. Ohio Dept. of Transp., Dist. 12
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[Cite as Hopson v. Ohio Dept. of Transp., Dist. 12, 2004-Ohio-1345.] IN THE COURT OF CLAIMS OF OHIO KRISTEN HOPSON : Plaintiff : v. : CASE NO. 2003-10520-AD : MEMORANDUM DECISION OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 12 : Defendant ::::::::::::::::: FINDINGS OF FACT {¶1} 1) On September 15, 2003, plaintiff, Kristen Hopson, was traveling east on Interstate 90 before the E. 22nd exit in Cuyahoga County, when a preceding motorist struck a piece of wood laying in the roadway which was then propelled into the path of plaintiff s car. The piece of wood then struck plaintiff s car causing body damage. {¶2} 2) Plaintiff filed this complaint seeking to recover $1,552.83, the entire cost for automotive repair. Plaintiff asserted she sustained these damages as a result of negligence on the part of defendant, Department of Transportation, in maintaining the roadway. Plaintiff has also filed a claim for filing fee reimbursement. {¶3} 3) Defendant has denied liability based on the fact it had no knowledge the wood was on the roadway. {¶4} 4) Plaintiff has not presented any evidence to indicate the length of time the piece of wood was on the roadway prior to her property-damage occurrence. CONCLUSIONS OF LAW {¶5} 1) Defendant has the duty to keep the roads in a safe, drivable condition. Amica Mutual v. Dept. of Transportation (1982), 81-02289-AD. {¶6} 2) Defendant must exercise due diligence in the maintenance and repair of highways. Hennessey v. State of Ohio Highway Department (1985), 85-02071-AD. {¶7} 3) In order to recover on a claim of this type, plaintiff must prove either: 1) defendant had actual or constructive notice of the defect (wood) and failed to respond in a reasonable time or responded in a negligent manner, or 2) that defendant, in a general sense, maintains its highways negligently. Denis v. Department of Transportation (1976), 75-0287-AD. {¶8} 4) There is no evidence defendant had actual notice of the piece of {¶9} 5) The trier of fact is precluded from making an inference of defendant s wood. constructive notice, unless evidence is presented in respect to the time the defective condition (wood) appeared on the roadway. Spires v. Highway Department (1988), 61 Ohio Misc. 2d 262. {¶10} 6) In order for there to be constructive notice, plaintiff must show sufficient time has elapsed after the dangerous condition (wood) appears, so that under the circumstances, defendant should have acquired knowledge of its existence. Guiher v. Jackson (1978), 78-0126-AD. {¶11} 7) No evidence has shown defendant had constructive notice of the damage-causing piece of wood. {¶12} 8) Furthermore, plaintiff has failed to show defendant negligently maintained the roadway. {¶13} 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. 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: Kristen Hopson 2314 Portman Avenue Cleveland, Ohio 44109 Gordon Proctor, Director Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/RDK/laa 2/24 Filed 3/3/04 Sent to S.C. reporter 3/19/04 Plaintiff, Pro se For Defendant
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