[Cite as Thompson v. Dept. of Transp., Dist. 12, 2010-Ohio-4226.]

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

SHARON C. THOMPSON 

 Plaintiff 

 v. 

DEPT. OF TRANSPORTATION, DIST. 12 

 Defendant 

Case No. 2010-02138-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Sharon C. Thompson, filed a complaint against defendant, 

Department of Transportation (ODOT), alleging she suffered tire and rim damage to her 

2007 Lexus ES 350 as a proximate cause of negligence on the part of ODOT in 

maintaining a hazardous roadway condition on State Route 8. Plaintiff noted her 

vehicle was damaged when it struck an open manhole in the roadway on December 30, 

2009. Plaintiff related “[i]t appeared a snow plow truck knocked the cover off while 

plowing the street which left the hole open and top lifted off.” Plaintiff submitted 

photographs depicting the general roadway area, open manhole, and cover laying on 

the berm of the roadway. Plaintiff seeks damages in the amount of $579.84, 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 Bedford Heights and not ODOT bears the 

maintenance responsibility for the section of State Route 8 where plaintiff’s incident 

occurred. Defendant explained ODOT “takes care of SR 8 north of I-480" and from a 
review of plaintiff’s photographs it appears the displaced manhole cover “was south of I480 because she was by the railroad bridge and this area is maintained by the City of 

Bedford Heights.” ODOT advised “[a]s such, the City of Bedford Heights is the proper 

party to plaintiff’s claim, not the defendant.” The site of the damage causing incident 

was within the maintenance jurisdiction of the City of Bedford Heights. 

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 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 

SHARON C. THOMPSON 

 Plaintiff 

 v. 

DEPT. OF TRANSPORTATION, DIST 12 

 Defendant 
Case No. 2010-02138-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. 

 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Sharon C. Thompson Jolene M. Molitoris, Director 

17802 Brian Avenue Department of Transportation 

Cleveland, Ohio 44119 1980 West Broad Street 

 Columbus, Ohio 43223 

RDK/laa 

4/27 

Filed 5/4/10 

Sent to S.C. reporter 9/2/10