Weidrick v. Dept. of Transp.
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[Cite as Weidrick v. Dept. of Transp., 2004-Ohio-4595.] IN THE COURT OF CLAIMS OF OHIO MICHELLE L. WEIDRICK : Plaintiff : v. : DEPARTMENT OF TRANSPORTATION : Defendant CASE NO. 2004-05236-AD ENTRY OF DISMISSAL : ::::::::::::::::: {¶1} On April 29, 2004, plaintiff filed a complaint against defendant, Department of Transportation. Plaintiff alleges on December 14, 2003, while traveling southbound on State Route 252, just south of Bagley Road, she struck a pothole in the traveled portion of the roadway. Plaintiff seeks damages for a tire, $71.19 and a rim, $172.50, plus reimbursement of the $25.00 filing fee which she submitted with the complaint. {¶2} On June 14, 2004, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant stated in pertinent part: {¶3} Defendant has performed an investigation of this site and this section of SR 252, just south of Bagley Road, falls under the maintenance jurisdiction of the City of Olmsted Falls (See Attached Map). As such, this section of roadway is not within the maintenance jurisdiction of the defendant. {¶4} Plaintiff has not responded to defendant s motion to dismiss. {¶5} The site of plaintiff s incident was within the city limits of Olmsted Falls. {¶6} R.C. 5501.31, in pertinent part states: {¶7} 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 Case No. 2004-05236-AD -2- ENTRY 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 . . . {¶8} The site of the damage-causing incident was not the maintenance responsibility of defendant. Consequently, plaintiff s case is dismissed. {¶9} 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 shall absorb the court costs of this case. 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: Michelle L. Weidrick 231 Rustic Rook Road Chippewa Lake, Ohio 44215 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 7/14 Filed 8/2/04 Sent to S.C. reporter 8/30/04
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