[Cite as Simkins v. Ohio Dept. of Transp., 2011-Ohio-4587.]

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

ALLISON SIMKINS 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2011-02123-AD 

Clerk Miles C. Durfey 

MEMORANDUM DECISION

FINDINGS OF FACTS 

{¶1} 1) Plaintiff, Allison Simkins, filed this action against defendant, 

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

her car as a proximate result of negligence on the part of ODOT in maintaining a 

hazardous condition on US Route 33/161 in Franklin County. Plaintiff related that she 

was traveling eastbound on US Route 33/161 on January 29, 2011, at approximately 

6:00 a.m. when her vehicle struck a pothole on the center lane “prior to Avery 

Road/Murfield Dr exit.” The impact of striking the pothole caused tire and wheel 

damage to plaintiff’s vehicle. In her complaint, plaintiff requested damages in the 

amount of $322.34, the stated cost of replacement parts and automotive repair 

expenses. The filing fee was paid. 

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

claim be dismissed due to the fact that the City of Dublin and not ODOT bears the 

maintenance responsibility for the section of US Route 33/161 where plaintiff’s incident 

occurred. In support of the request to dismiss, ODOT stated that, “[d]efendant has 
performed an investigation of this site and the City of Dublin takes care of this section of 

US 33/161 @ Avery/Murfield Road (see Exhibit A).” Defendant submitted 

documentation (Exhibit A) showing that the particular section of US Route 33/161 in the 

vicinity of the Avery Road exit is located within the maintenance jurisdiction of the City 

of Dublin. ODOT advised that, “[a]s such, this section of roadway is not within the 

maintenance jurisdiction of the defendant.” The site of the damage-causing incident 

was located in the City of Dublin. 

CONCLUSIONS OF LAW 

{¶3} 1) R.C. 2743.10(A) provides: 

{¶4} “(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.” 

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

{¶6} “(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.” 

{¶7} 3) R.C. 5501.31 in pertinent part states: 

{¶8} “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 . . .” 

{¶9} The site of the damage-causing incident was not within 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 

ALLISON SIMKINS 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2011-02123-AD 

Clerk Miles C. Durfey 

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. 

 

 ________________________________ 

 MILES C. DURFEY 

 Clerk 

Entry cc: 

Allison Simkins Jerry Wray, Director 

8641 Cadet Drive North Department of Transportation 

Galloway, Ohio 43119 1980 West Broad Street 

 Columbus, Ohio 43223 

SJM/laa 

4/29 

Filed 6/1/11 
Sent to S.C. reporter 9/12/11