[Cite as Jackson v. Ohio Dept. of Transp., Dist. Two, 2010-Ohio-4029.]

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

SAMMIE JACKSON 

 Plaintiff 

 v. 

OHIO DEPT. OF TRANSPORTATION, DISTRICT TWO 

 Defendant 

Case No. 2009-09086-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Sammie Jackson, filed a complaint against defendant, 

Department of Transportation (ODOT), alleging that he suffered paint damage to his 

2002 Cadillac Escalade as a proximate cause of negligence on the part of ODOT in 

conducting roadway painting operations on the Holland Sylvania Road in Park Center 

Court in Lucas County. In his complaint plaintiff described the paint damage incident 

relating: “I was on my way to the doctor on Holland Sylvania Road at Park Center Court 

when I turn right into the court. I notice(d) the yellow line had been paint(ed).” Plaintiff 

later discovered yellow paint had adhered to his vehicle. Plaintiff recalled the incident 

occurred on November 5, 2009 at approximately 9:50 a.m. Plaintiff seeks damages in 

the amount of $851.44, the estimated cost of removing paint from his vehicle. The filing 

fee was paid. 

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

dismissed due to the fact the Lucas County Road Maintenance Department and not 

ODOT bears the maintenance responsibility for Holland Sylvania Road and Park Center 
Court where plaintiff’s incident occurred. Defendant advised ODOT “maintains Central 

Avenue which is south of this intersection.” Defendant stated, “[i]n sum, the Lucas 

County Road Maintenance Department is responsible for the maintenance of the 

roadway upon which plaintiff’s incident occurred (and) (a)s such, the Lucas County 

Road Maintenance Department is the proper party to plaintiff’s claim.” The site of the 

damage incident was not on a roadway area maintained by ODOT. 

{¶ 3} 3) Plaintiff did not respond. 

CONCLUSIONS OF LAW 

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

{¶ 5} “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 . . .” 

{¶ 6} 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 

SAMMIE JACKSON 

 Plaintiff 

 v. 

OHIO DEPT. OF TRANSPORTATION, DISTRICT TWO 
 Defendant 

Case No. 2009-09086-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 above, plaintiff’s case is DISMISSED. The court shall absorb the court costs of this 

case. 

 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Sammie Jackson Jolene M. Molitoris, Director 

4425 Oak Creek Department of Transportation 

Toledo, Ohio 43615 1980 West Broad Street 

 Columbus, Ohio 43223 

RDK/laa 

4/21 

Filed 4/28/10 

Sent to S.C. reporter 8/26/10