Johnson v. Ohio Dept. of Transp.
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[Cite as Johnson v. Ohio Dept. of Transp., 2006-Ohio-7199.] IN THE COURT OF CLAIMS OF OHIO JOHN H. JOHNSON : Plaintiff : v. : CASE NO. 2006-01424-AD OHIO DEPT. OF TRANSPORTATION : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On January 7, 2006, at approximately 8:50 a.m., plaintiff, John H. Johnson, was traveling south on State Route 3, over the bridge at Little Apple Creek, in Wayne County, when his van struck a large piece of road patch material in the roadway. The road patch debris caused substantial damage to the oil pan of the vehicle plaintiff was driving. {¶ 2} 2) Plaintiff filed this complaint seeking to recover $483.64, the automotive repair costs incurred after the January 7, 2006, incident. van was Plaintiff implied the property damage to his proximately caused by negligence on the part of defendant, Department of Transportation ( DOT ), in maintaining State Route 3. The filing fee was paid. {¶ 3} 3) Defendant denied any liability based on the assertion it had no knowledge of any roadway defect or debris condition on State Route 3 at milepost 18.47 in Wayne County prior to related plaintiff s no calls or property damage complaints were occurrence. received at Defendant DOT s Wane Case No. 2006-01424-AD County Garage -2- regarding MEMORANDUM DECISION a deteriorating roadway condition on State Route 3 before January 7, 2006. explained DOT personnel conducted and not discover any did routine deteriorated roadway roadway surface Defendant inspections surface at milepost 18.47 on State Route 3 in Wayne County prior to January 7, 2006. {¶ 4} 4) Plaintiff did not present any evidence to establish the length of time the particular roadway surface had been deteriorated prior to the incident forming the basis of this claim. 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 highways. 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} In order proximately plaintiff caused must to by prove recover roadway either: in any suit conditions 1) involving including defendant had injury debris, actual or constructive notice of the debris and failed to respond in a reasonable time or responded in a negligent manner, or 2) that defendant, negligently. in a general sense, maintains its highways Denis v. Department of Transportation (1976), 75- 0287-AD. {¶ 7} Defendant is only liable for roadway conditions of which Case No. 2006-01424-AD -2- MEMORANDUM DECISION it has notice, but fails to reasonably correct. Bussard v. Dept. of Transp. (1986), 31 Ohio Misc. 2d 1. {¶ 8} Plaintiff has not produced any evidence to indicate the length of time the debris condition was present on the roadway prior to the incident forming the basis of this claim. No evidence has been submitted to show defendant had actual notice of the debris. from making an Additionally, the trier of fact is precluded inference of defendant s constructive notice, unless evidence is presented in respect to the time the debris appeared on the roadway. 61 Ohio Misc. 2d 262. Spires v. Highway Department (1988), There is no indication defendant had constructive notice of the debris. {¶ 9} Finally, infer defendant, negligently condition. 99-07011-AD. or plaintiff in that a has general not produced sense, defendant s acts any maintains caused evidence its the to highways defective Herlihy v. Ohio Department of Transportation (1999), Therefore, defendant is not liable for any damage plaintiff may have suffered from the roadway debris. Case No. 2006-01424-AD -2- MEMORANDUM DECISION IN THE COURT OF CLAIMS OF OHIO JOHN H. JOHNSON : Plaintiff : v. : CASE NO. 2006-01424-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: John H. Johnson 8129 Cleveland Road Wooster, Ohio 44691 Plaintiff, Pro se Gordon Proctor, Director Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 For Defendant Case No. 2006-01424-AD RDK/laa 5/24 Filed 6/20/06 Sent to S.C. reporter 3/16/07 -2- MEMORANDUM DECISION
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