Myers v. Highway Patrol
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[Cite as Myers v. Highway Patrol, 2004-Ohio-4593.] IN THE COURT OF CLAIMS OF OHIO WILLIAM E. MYERS : Plaintiff : v. : CASE NO. 2004-03896-AD : MEMORANDUM DECISION HIGHWAY PATROL Defendant : ::::::::::::::::: FINDINGS OF FACT {¶1} On March 29, 2004, plaintiff, William E. Myers, filed a complaint against defendant, Ohio State Highway Patrol, alleging he suffered property damage to his automobile caused by a manhole that was left uncovered on Raff Road. Plaintiff suggested defendant should bear liability for automotive damages resulting from roadway defects on the state highway system. {¶2} On April 30, 2004, defendant filed an investigation report. Defendant asserted it is not a proper party to the action instituted by plaintiff. Defendant s investigation report shall be construed as a motion to dismiss. CONCLUSIONS OF LAW {¶3} R.C. 5503.02(A) states, in pertinent part: {¶4} The state highway patrol shall enforce the laws of the state relating to the titling, registration, and licensing of motor vehicles; enforce on all roads and highways *** the laws relating to the operation and use of vehicles on the highways; *** and regulate the movement of traffic on the roads and highways of the state . . . {¶5} Maintenance of the highway system is not a duty of defendant, State Highway Patrol. {¶6} Consequently, defendant is not a proper party to this action. See Collier v. Ohio State Case No. 2004-03896-AD Highway Patrol (1999), 99-05489-AD. -2- MEMORANDUM DECISION [Cite as Myers v. Highway Patrol, 2004-Ohio-4593.] IN THE COURT OF CLAIMS OF OHIO WILLIAM E. MYERS : Plaintiff : v. : CASE NO. 2004-03896-AD : ENTRY OF DISMISSAL HIGHWAY PATROL Defendant : ::::::::::::::::: Having considered all the evidence in the claim file and, for the reasons set forth above, defendant s motion to dismiss is GRANTED. Plaintiff s case is DISMISSED. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: William E. Myers 2616 Harmont Avenue N.E. Canton, Ohio 44705 Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 DRB/RDK/laa 7/9 Plaintiff, Pro se For Defendant Filed 8/2/04 Sent to S.C. reporter 8/30/04
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