[Cite as Bayer v. Ohio Dept. of Transp., 2011-Ohio-6577.]

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

STEPHANIE BAYER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2011-04550-AD 

Acting Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶1} Plaintiff, Stephanie Bayer, filed a complaint against defendant, 

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

2011 Mini Cooper as a proximate result of negligence on the part of ODOT in 

maintaining a hazardous condition on Scranton Road. Plaintiff stated the roadway “was 

in disrepair and full of potholes.” Plaintiff recalled the incident occurred on March 15, 

2011, at approximately 8:00 p.m. Plaintiff seeks damages in the amount of $246.90, the 

cost of a new tire. The filing fee was paid. 

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

dismissed due to the fact the city of Cleveland and not ODOT bears the maintenance 

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

request to dismiss, ODOT stated, “[d]efendant has performed an investigation of this 

site and the City of Cleveland takes care of this section of Scranton Road and Clark 

Avenue (See Map).” ODOT further stated, “[a]s such, this section of roadway is not 

within the maintenance jurisdiction of the defendant.” Consequently, defendant 
contended the city of Cleveland is the proper party defendant to plaintiff’s action. The 

site of the damage-causing incident was located in the city of Cleveland. 

{¶3} Plaintiff did not file a response. 

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, 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.” 

{¶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 

STEPHANIE BAYER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2011-04550-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: 

Stephanie Bayer Jerry Wray, Director 

9829 Lake Avenue, 402 Department of Transportation 

Cleveland, Ohio 44102 1980 West Broad Street 

 Columbus, Ohio 43223 

7/13 

Filed 8/1/11 

Sent to S.C. reporter 12/20/11