Cone v. Ohio Dept. of Transp.
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[Cite as Cone v. Ohio Dept. of Transp., 2006-Ohio-7206.] IN THE COURT OF CLAIMS OF OHIO URIAH CONE, SR. : Plaintiff : v. : CASE NO. 2005-09316-AD OHIO DEPARTMENT OF TRANSPORTATION : MEMORANDUM DECISION : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On July 14, 2005, plaintiff, Uriah Cone, Sr., was traveling east on US Route 30 in Wayne County through a construction zone, when his automobile struck a pothole causing substantial damage to the vehicle. {¶ 2} 2) Plaintiff suffered damage to his Mercedes-Benz-CL600 in the amount of $8,779.69. car, a 1998 All but $500.00 of plaintiff s property damage was reimbursed by his automobile insurer. Plaintiff originally filed a complaint seeking to recover $8,779.69, the total cost of automotive repair resulting from the July 14, 2005, incident, plus $25.00 for filing fee reimbursement. proximately Plaintiff caused by contended negligence on his property the part of damage was defendant, Department of Transportation( DOT ), in maintaining the roadway. On December claiming 19, damages 2005, of plaintiff $25,00.00, filed an an amount amended complaint representing his insurance coverage deductible of $500.00 and $2,000.00 for loss of vacation time. Plaintiff did not elaborate or monetary loss specifics about the purported lost vacation. provide {¶ 3} 3) Defendant filed an investigation report admitting liability for plaintiff s $500.00 insurance coverage deductible he paid for the automotive repair resulting from the July 14, 2005, property damage occurrence. Defendant contended plaintiff is not entitled to receive any damage award in addition to his insurance coverage deductible amount. {¶ 4} 4) Despite filing a response, plaintiff has not offered any evidence to establish he suffered any compensable damages other than his reimbursement. insurance coverage deductible and filing fee Plaintiff acknowledged he did not incur expenses for loss of use of his vehicle. CONCLUSIONS OF LAW {¶ 5} 1) Defendant has the duty to maintain its highways in a reasonably safe condition for the motoring public. Knickel v. Ohio Department of Transportation (1976), 49 Ohio App. 2d 335. However, highways. defendant is not an insurer of the safety of its See Kniskern v. Township of Somerford (1996), 112 Ohio App. 3d 189; Rhodus v. Ohio Dept. of Transp. (1990), 67 Ohio App. 3d 723. {¶ 6} 2) In order to recover in any suit involving injury proximately caused by roadway conditions plaintiff must prove either: 1) defendant had actual or constructive notice of the pothole 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. Transportation (1976), 75-0287-AD. Denis v. Department of {¶ 7} 3) Defendant is only liable for roadway conditions of which it has notice, but fails to reasonably correct. Bussard v. Dept. of Transp. (1986), 31 Ohio Misc. 2d 1. {¶ 8} 4) Plaintiff evidence, negligence Southern Ohio Wiswasser v. has on proven, the Correctional Ohio Department part by a of defendant. Facility of preponderance the Baisden (1977), Transportation of v. 76-0617-AD. (2006), 2006- 02498-AD. {¶ 9} 5) As trier of fact, this court has the power to award reasonable damages based on evidence presented. Sims v. Southern Ohio Correctional Facility (1988), 61 Ohio Misc. 2d 239. {¶ 10} 6) The court, pursuant to the limitations of R.C. 2743.02(D), finds defendant liable to plaintiff in the amount of $500.00, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Misc. 2d 19. Rehabilitation and Correction (1990), 62 Ohio IN THE COURT OF CLAIMS OF OHIO URIAH CONE, SR. : Plaintiff : v. : CASE NO. 2005-09316-AD OHIO DEPARTMENT OF TRANSPORTATION : ENTRY OF ADMINISTRATIVE DETERMINATION : Defendant : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons concurrently set forth herewith, in the judgment is memorandum rendered decision in filed favor of plaintiff in the amount of $525.00, which includes the filing fee. Court costs are assessed against defendant. 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: Uriah Cone, Sr. 837 Fairborn Road Cincinnati, Ohio 45240 Plaintiff, Pro se Gordon Proctor, Director Department of Transportation For Defendant 1980 West Broad Street Columbus, Ohio 43223 RDK/laa 6/15 Filed 6/30/06 Sent to S.C. reporter 3/21/07
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