Clevenger v. Ohio Dept. of Transp.
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[Cite as Clevenger v. Ohio Dept. of Transp., 2006-Ohio-7167.] IN THE COURT OF CLAIMS OF OHIO JULIE D. CLEVENGER : Plaintiff : v. : CASE NO. 2006-01181-AD OHIO DEPT. OF TRANSPORTATION : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On December 6, 2005, at approximately 1:35 p.m., plaintiff, Julie D. Clevenger, was traveling eastbound on Interstate 90, approximately 1 mile before the Crocker/Bassett Rd. Exit, in Cuyahoga County, when her automobile struck an object laying in the roadway. The object, which plaintiff stated, looked like a black chunk of ice and appeared to be flat, caused tire and rim damage to plaintiff s vehicle. {¶ 2} 2) Plaintiff filed this complaint seeking to recover $401.88, the entire cost for replacement parts. Plaintiff asserted she sustained these damages as a result of negligence on the part of defendant, maintaining the roadway. Department of Transportation, in Plaintiff has also filed a claim for $125.00 for her mother missing a court appearance due to the December 6, 2005, property damage incident. paid. The filing fee was Case No. 2006-01181-AD -2- MEMORANDUM DECISION {¶ 3} 3) Defendant has denied liability based on the fact it had no knowledge the debris condition was on the roadway. {¶ 4} 4) Plaintiff has not presented any evidence to indicate the length of time the debris condition was on the roadway prior to her property-damage occurrence. CONCLUSIONS OF LAW {¶ 5} 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, defendant is not an insurer of its highways. 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} In order to recover on a claim of this type, plaintiff must prove notice either: of the 1) defect defendant (debris) had and actual failed or to constructive respond in a reasonable time or responded in a negligent manner, or 2) that defendant, in negligently. 0287-AD. a general sense, maintains its highways Denis v. Department of Transportation (1976), 75- For constructive notice to be proven, plaintiff must show sufficient time has elapsed after the dangerous condition (debris) should appears, have so acquired that under knowledge the of circumstances, its existence. Dept. of Transportation (1978), 78-0126-AD. is precluded from making an inference defendant Guiher v. The trier of fact of defendant s constructive notice, unless evidence is presented in respect to the time roadway. the defective condition (debris) appeared on the Spires v. Highway Department (1988), 61 Ohio Misc. 2d Case No. 2006-01181-AD 262. -2- MEMORANDUM DECISION Evidence has shown defendant did not have any notice, either actual or constructive, of the damage-causing debris. {¶ 7} Plaintiff has defendant, in a negligently or that condition. not produced general any sense, defendant s evidence maintains acts to infer its the caused highways defective Herlihy v. Ohio Department of Transportation (1999), 99-07011-AD. Therefore, defendant is not liable for any damage plaintiff may have suffered from the debris condition. {¶ 8} Plaintiff evidence, that has not defendant shown, failed by to a preponderance discharge a the owed duty of to plaintiff, or that plaintiff s injury was proximately caused by defendant s negligence. damage-causing debris Plaintiff condition failed was to connected show to that any the conduct under the control of defendant or that there was any negligence on the part Transportation of defendant Dept. (1998), or its agents. 97-10898-AD; Taylor Weininger v. v. Department of Transportation (1999), 99-10909-AD; Witherell v. Ohio Dept. of Transportation (2000), 2000-04758-AD. Case No. 2006-01181-AD -2- MEMORANDUM DECISION IN THE COURT OF CLAIMS OF OHIO JULIE D. CLEVENGER : Plaintiff : v. : CASE NO. 2006-01181-AD OHIO DEPT. OF TRANSPORTATION : ENTRY OF ADMINISTRATIVE DETERMINATION Defendant : : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons concurrently defendant. set forth herewith, in the judgment is memorandum rendered decision in filed favor Court costs are assessed against plaintiff. of 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: Julie D. Clevenger 859 Walnut Street Elyria, Ohio 44035 Plaintiff, Pro se Gordon Proctor, Director Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 For Defendant Case No. 2006-01181-AD RDK/laa 3/30 Filed 4/11/06 Sent to S.C. reporter 5/11/06 -2- MEMORANDUM DECISION
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