[Cite as Hajdak v. Ohio Dept. of Transp., Dist. 4, 2011-Ohio-6905.]

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

JOSEPH I. HAJDAK 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 4 

 Defendant 

Case No. 2011-05882-AD 

Acting Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶1} Plaintiff, Joseph Hajdak, filed this action against defendant, Department of 

Transportation (ODOT), alleging the tire and rim on his vehicle were damaged as a 

proximate result of negligence on the part of ODOT in maintaining a hazardous 

condition on State Route 8 in Akron, Ohio. Plaintiff related he hit two large potholes in 

the road. Plaintiff recalled the described incident occurred on March 10, 2011, at 

approximately 3:00 p.m. In his complaint, plaintiff requested damages in the amount of 

$585.07, the total cost of a replacement tire and rim. The $25.00 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 State Route 8 where plaintiff’s incident occurred. 

Consequently, defendant contended the City of Akron is the proper party defendant to 

plaintiff’s action. The site of the damage-causing incident was located in the City of 

Akron. 

{¶3} Plaintiff did not file a response. 

CONCLUSIONS OF LAW 
{¶4} R.C. 2743.01(A) provides: 

{¶5} “(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.” 

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

{¶7} “(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.” 

{¶8} R.C. 5501.31 in pertinent part states: 

{¶9} “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 . . .” 

{¶10} 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 

JOSEPH I. HAJDAK 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 4 

 Defendant 

Case No. 2011-05882-AD 

Acting 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, plaintiff’s claim is DISMISSED. 

Court costs are assessed against plaintiff. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Acting Clerk 

Entry cc: 

Joseph I. Hajdak Jerry Wray, Director 

515 Canterbury Way Department of Transportation 

Tallmadge, Ohio 44278 1980 West Broad Street 

 Columbus, Ohio 43223 

8/2 

Filed 8/9/11 

Sent to S.C. reporter 1/3/12