Barber v. Ohio Dept. of Transp.
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[Cite as Barber v. Ohio Dept. of Transp., 2006-Ohio-7166.] IN THE COURT OF CLAIMS OF OHIO BRIAN BARBER : Plaintiff : v. : CASE NO. 2006-01459-AD DEPARTMENT OF TRANSPORTATION : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On December 20, 2005, at about 7:30 p.m., plaintiff, Brian Barber, was traveling south on Interstate 71 at milepost 8.51 in Hamilton County, when his automobile ran over debris on the traveled portion of the roadway. The debris caused body damage to plaintiff s vehicle. {¶ 2} 2) Consequently, plaintiff filed this complaint seeking to recover $88.97, his cost of vehicle repair which he contends was incurred as a result of negligence on the part of defendant, Department of Transportation, in maintaining the roadway. Plaintiff submitted the filing fee. {¶ 3} 3) Defendant has denied any liability for plaintiff s damage. Defendant denied having any knowledge of the debris condition response prior to to plaintiff s defendant s incident. investigation Despite report, filing plaintiff a has failed to produce any evidence establishing the length of time the debris condition was on the roadway prior to his property damage occurrence. Defendant suggested the concrete debris condition was on the roadway for only a relatively short amount of time before receiving any plaintiff s calls or incident. complaints about Defendant concrete debris Interstate 71 prior to plaintiff s damage occurrence. insisted defendant should bear liability for denied on Plaintiff his property damage. CONCLUSIONS OF LAW {¶ 4} Defendant has the duty to maintain its highway 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. {¶ 5} 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. {¶ 6} 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. {¶ 7} 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 Additionally, the trier of fact is precluded an inference of defendant s constructive notice, unless evidence is {¶ 8} presented in respect to the time the debris appeared on the {¶ 9} roadway. Ohio Misc. 2d Spires v. Ohio Highway Department (1988), 61 262. There is no indication defendant had constructive notice of the debris. {¶ 10} infer Finally, plaintiff, has not produced any evidence to defendant, negligently condition. 99-07011-AD. or in that a general sense, defendant s acts maintains caused its the 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. IN THE COURT OF CLAIMS OF OHIO BRIAN BARBER : Plaintiff : v. : CASE NO. 2006-01459-AD DEPARTMENT 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: Brian Barber 2866 Madison Road #5 Cincinnati, Ohio 45209 Gordon Proctor, Director Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 RDK/laa Plaintiff, Pro se For Defendant 3/30 Filed 4/11/06 Sent to S.C. reporter 5/11/06
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