Rodgers v. Ohio Dept. of Transp.
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[Cite as Rodgers v. Ohio Dept. of Transp., 2004-Ohio-3273.] IN THE COURT OF CLAIMS OF OHIO JULIE A. RODGERS : Plaintiff : v. : : OHIO DEPARTMENT OF TRANSPORTATION CASE NO. 2004-04604-AD ENTRY OF DISMISSAL : Defendant ::::::::::::::::: {¶1} On April 14, 2004, plaintiff filed a complaint against defendant, Department of Transportation. Plaintiff alleges on February 19, 2004, she exited the parking lot at 2045 Polaris Parkway, in Columbus, Ohio. While traveling westbound on Polaris Parkway prior to the entrance to Interstate 71 southbound, she heard a loud pop and pulled over to investigate. She proceeded to the nearest Goodyear Tire Center where it was discovered a 10" rod had damaged her vehicle s tire. Plaintiff seeks reimbursement from defendant in the amount of $203.66 defendant s negligence in for a new tire resulting from allowing debris on the roadway. Plaintiff submitted the filing fee and also seeks reimbursement for this amount. {¶2} On April 23, 2004, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant in pertinent part stated: {¶3} Defendant has performed an investigation of this site and 2045 Polaris Parkway is by Orion Place. This section of Polaris Case No. 2004-04604-AD -2- ENTRY Parkway or SR 750 by Orion Place falls under the maintenance jurisdiction of the City of Columbus (See Attached Map). As such, this section of roadway is not within the maintenance jurisdiction of defendant. {¶4} Plaintiff dismiss. as not responded to defendant s motion to The site of plaintiff s incident was within the city limits of Columbus. {¶5} R.C. 5501.31, in pertinent part states: {¶6} Except in the case of maintaining, repairing, erecting traffic signs on, or pavement marking of state highways within villages, which is mandatory as required by section 5521.01 of the Revised Code, and except as provided in section 5501.49 of the Revised Code, no duty of constructing, reconstructing, widening, resurfacing, maintaining, or repairing state highways within municipal corporations, or the bridges and culverts thereon, shall attach to or rest upon the director . . . {¶7} The site of the damage-causing incident was not within the maintenance responsibility of defendant. Consequently, plaintiff s case is dismissed. {¶8} 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. the court costs of ths case. The court shall absorb The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. ________________________________ DANIEL R. BORCHERT Case No. 2004-04604-AD -3- ENTRY Deputy Clerk Entry cc: Julie A. Rodgers 6843 Killilea Drive Dublin, Ohio 43017 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 5/12 Filed 5/25/04 Sent to S.C. reporter 6/22/04 Plaintiff, Pro se For Defendant
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