Reed v. Dept. of Transp.
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[Cite as Reed v. Dept. of Transp., 2006-Ohio-7264.] IN THE COURT OF CLAIMS OF OHIO JUNE REED : Plaintiff : v. : CASE NO. 2006-03401-AD DEPARTMENT OF TRANSPORTATION : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On plaintiff, June April 12, Reed, was 2006, at traveling approximately on Kyle 9:45 Road when a.m, her automobile struck a pothole causing tire and rim damage to the vehicle. {¶ 2} 2) Plaintiff filed this complaint seeking to recover $256.10, the cost of replacement parts and automotive repair necessitated by the property damage event. Plaintiff implied the damage to her car was proximately caused by negligence on the part of defendant, Department of Transportation ( DOT ), in maintaining the roadway. The $25.00 filing fee was paid. {¶ 3} 3) Defendant denied liability based on the contention that no DOT personnel had any knowledge of the pothole on the roadway prior to plaintiff s property damage occurrence. Defendant located the damage-causing pothole between mileposts 20.0 and 19.0 on Interstate 275 in Hamilton County. Defendant asserted plaintiff failed to produce any evidence showing how long the pothole existed prior to the incident forming the basis of this claim. {¶ 4} 4) Defendant denied receiving any calls or complaints regarding the particular pothole before plaintiff s incident. Defendant explained DOT employees conduct roadway inspections, at least two discovered time during a month. previous Apparently roadway no potholes inspections. were Defendant suggested the pothole likely, existed for only a short time before the Defendant incident, denied the employees DOT forming basis were of this negligent in claim. regard to roadway maintenance. 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 to prove a breach of the duty to maintain the highways, plaintiff must prove, by a preponderance of the evidence, that defendant had actual or constructive notice of the precise accident. condition McClellan or v. defect ODOT alleged (1986), 34 to have Ohio caused App. 3d the 247. 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 sufficient evidence to indicate the length of time the particular pothole was present on the roadway prior to the incident forming the basis of this claim. Plaintiff has not shown defendant had actual notice of the pothole for a sufficient length of time to invoke liability. Additionally, the trier of fact is precluded from making an inference of defendant s constructive notice, unless evidence is presented in respect to the time the pothole appeared on the roadway. 262. Spires v. Highway Department (1988), 61 Ohio Misc. 2d There is no indication defendant had constructive notice of the pothole. infer Plaintiff has not produced any evidence to defendant, negligently condition. or in a that general sense, defendant s acts caused its the highways defective Herlihy v. Ohio Department of Transportation (1999), 99-07011-AD. Size of the defect (pothole) is insufficient to show notice or duration of existence. Transportation defendant maintains is (1988), not 61 liable Ohio for any Misc. O Neil v. Department of 2d damage 297. plaintiff suffered from the pothole. IN THE COURT OF CLAIMS OF OHIO Therefore, may have JUNE REED : Plaintiff : v. : CASE NO. 2006-03401-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: June Reed P.O. Box 624 Florence, Kentucky Plaintiff, Pro se 41022 Gordon Proctor, Director Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 RDK/laa 8/22 Filed 9/6/06 For Defendant Sent to S.C. reporter 4/13/07
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