[Cite as Hollar v. Ohio Dept. of Transp., 2011-Ohio-6986.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

ALLEN HOLLAR 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2011-08741-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

{¶1} Plaintiff, Allen Hollar, filed this action against defendant, Department of 

Transportation (ODOT), contending his car was damaged as a proximate result of 

negligence on the part of ODOT in maintaining a hazardous condition on Interstate 77 

north near Akron, Ohio. Plaintiff stated that he was traveling in the middle lane when 

“we felt an heard a loud noise & left front of my car hit this hole in the road.” Plaintiff 

related that the car suffered significant damage to the left front end. Plaintiff recalled his 

described damage incident occurred on March 12, 2011, at approximately 10:00 p.m. 

In his complaint, plaintiff requested damages in the amount of $963.00, the cost of 

associated automotive repairs and reimbursement of the $25.00 filing fee. The filing fee 

was paid. 

{¶2} Defendant filed an investigation report requesting plaintiff’s claim be 

dismissed due to the fact the City of Akron and not ODOT bears the maintenance 

responsibility for the section of roadway where plaintiff’s incident occurred. In support of 

the request to dismiss, ODOT stated, “the City of Akron, and not the defendant, is 

responsible for maintaining the roadway upon which plaintiff’s incident occurred on I77.” Defendant advised the maintenance responsibility for this section of roadway was 

delegated by contractual agreement between ODOT and the City of Akron. Defendant 
related: “[o]n November 6, 2009, the Ohio Department of Transportation entered into 

an Interstate Lane Mile and Maintenance Agreement with the City of Akron for 

maintenance services. I-77 is part of the Interstate Lane Mile and Maintenance 

Agreement (See Exhibit A ).” 

{¶3} The contract between ODOT and the City of Akron at Section 1.2 states, 

in pertinent part: 

{¶4} “In the interest of public safety and convenience, it is the desire of the 

parties hereto that the CITY shall perform contracted maintenance and repair of the 

interstate highway system using its own labor forces, equipment and materials, or by 

contracting for these items, with reimbursement from the STATE.” 

{¶5} Defendant asserted the contracted maintenance responsibility includes 

repairing potholes in the roadway such as plaintiff’s vehicle struck on March 12, 2011. 

Defendant contended, “the City of Akron assumed the responsibility to maintain and 

repair the interstate system within its corporate limits,” and consequently, the City of 

Akron should be considered the proper party defendant in this action. The site of the 

damage-causing incident was shown to be located within the City of Akron and shown 

to be the maintenance responsibility of that political subdivision. 

{¶6} R.C. 2743.01(A) provides: 

{¶7} “(A) ‘State’ means the state of Ohio, including, but not limited to, the 

general assembly, the supreme court, the offices of all elected state officers, and all 

departments, boards, offices, commissions, agencies, institutions, and other 

instrumentalities of the state. ‘State’ does not include political subdivisions.” 

{¶8} R.C. 2743.02(A)(1) states in pertinent part: 

{¶9} “(A)(1) The state hereby waives its immunity from liability, except as 

provided for the office of the state fire marshal in division (G)(1) of section 9.60 and 

division (B) of section 3737.221 of the Revised Code and subject to division (H) of this 

section, and consents to be sued, and have its liability determined, in the court of claims 

created in this chapter in accordance with the same rules of law applicable to suits 

between private parties, except that the determination of liability is subject to the 

limitations set forth in this chapter and, in the case of state universities or colleges, in 

section 3345.40 of the Revised Code, and except as provided in division (A)(2) or (3) of 

this section. To the extent that the state has previously consented to be sued, this 
chapter has no applicability.” 

{¶10} Ohio Revised Code Section 5501.31 in pertinent part states: 

{¶11} “Except in the case of maintaining, repairing, erecting traffic signs on, or 

pavement marking of state highways within villages, which is mandatory as required by 

section 5521.01 of the Revised Code, and except as provided in section 5501.49 of the 

Revised Code, no duty of constructing, reconstructing, widening, resurfacing, 

maintaining, or repairing state highways within municipal corporations, or the bridges 

and culverts thereon, shall attach to or rest upon the director, but he may construct, 

reconstruct, widen, resurface, maintain, and repair the same with or without the 

cooperation of any municipal corporation, or with or without the cooperation of boards of 

county commissioners upon each municipal corporation consenting thereto.” 

{¶12} The site of the damage-causing incident was not the maintenance 

jurisdiction of defendant. Consequently, despite the arguments raised in the August 29, 

2011 response, plaintiff’s case is dismissed. See Sandu v. Ohio Dept. of Transp., Ct. of 

Cl. No. 2008-02606-AD, 2008-Ohio-6858. 
Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

ALLEN HOLLAR 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant

Case No. 2011-08741-AD 

Deputy Clerk Daniel R. Borchert 

ENTRY OF ADMINISTRATIVE DETERMINATION

 Having considered all the evidence in the claim file and, for the reasons set forth 

in the memorandum decision filed concurrently herewith, judgment is rendered in favor 

of defendant. Court costs are assessed against plaintiff. 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Allen Hollar Jerry Wray, Director 

1531 18th Street N.W. Department of Transportation 

Canton, Ohio 44703 1980 West Broad Street 

 Columbus, Ohio 43223 

9/13 

Filed 9/28/11 

Sent to S.C. reporter 2/6/12