[Cite as Parikakis v. Ohio Dept. of Transp., 2010-Ohio-6659.]

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

STELLA PARIKAKIS 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2010-05021-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Stella Parikakis, filed a complaint against defendant, 

Department of Transportation (ODOT), alleging that she suffered tire, wheel, and 

headlight damage to her car as a proximate cause of negligence on the part of ODOT in 

maintaining a hazardous roadway condition on State Route 7. Plaintiff apparently was 

traveling south on State Route 7 in Jefferson County when her automobile struck a 

pothole causing the damage claimed. Plaintiff recalled the incident occurred on March 

28, 2010 at approximately 7:45 p.m. Plaintiff seeks damages in the amount of $631.57, 

the cost of replacement parts. The filing fee was paid. 

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

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

responsibility for the section of State Route 7 where plaintiff’s incident occurred. In 

support of the request to dismiss, ODOT stated, “the location of Plaintiff’s incident would 

be within the municipal boundary of the City of Steubenville.” Defendant explained 
Case No. 2006-03532-AD - 2 - MEMORANDUM DECISION

ODOT called plaintiff to ascertain a specific location of the damage-causing pothole and 

she advised, “that she was south of the Lincoln Avenue Exit,” a section of roadway 

under the maintenance responsibility of the City of Steubenville. Defendant related, 

“[a]s such, this section of roadway is not within the maintenance jurisdiction of 

defendant.” The site of the damage-causing incident was located in the City of 

Steubenville. 

CONCLUSIONS OF LAW 

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

{¶ 4} “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 . . .” 

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

jurisdiction of defendant. Consequently, plaintiff’s case is dismissed. 

 

 

 

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 
Case No. 2006-03532-AD - 3 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 3 - MEMORANDUM DECISION

STELLA PARIKAKIS 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2010-05021-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 

above, plaintiff’s case is DISMISSED. The court shall absorb the court costs of this 
Case No. 2006-03532-AD - 4 - MEMORANDUM DECISION

case. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Stella Parikakis Jolene M. Molitoris, Director 

1313 Walker Road Department of Transportation 

Follansbee, West Virginia 26037 1980 West Broad Street 

 Columbus, Ohio 43223 

RDK/laa 

8/19 

Filed 11/2/10 

Sent to S.C. reporter 2/11/11