[Cite as Oatts v. Ohio Dept. of Transp., 2010-Ohio-3937.]

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

ROBIN OATTS 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2010-03576-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Robin Oatts, filed a complaint against defendant, 

Department of Transportation (ODOT), alleging that he suffered tire and wheel damage 

to his 2001 Volvo as a proximate cause of negligence on the part of ODOT in 

maintaining a hazardous roadway condition on US Route 33. Plaintiff related he was 

traveling east on US Route 33 between Avery Road and Interstate 270 North when his 

automobile struck a pothole causing the tire damage claimed. Plaintiff recalled the 

incident occurred on February 11, 2010 at approximately 10:45 a.m. Plaintiff seeks 

damages in the amount of $271.38, 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 Dublin and not ODOT bears the maintenance 

responsibility for the section of US Route 33 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 Dublin takes care of this section of US 33 (see 
attached map).” ODOT further stated, “[a]s such, this section of roadway is not within 

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

was located in the City of Dublin. 

{¶ 3} 3) Plaintiff filed a response relating he “originally called (the) City of 

Columbus, they told me it (US Route 33) was under ODOT’s control so I called ODOT 

and they agreed.” 

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 

ROBIN OATTS 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION 

 Defendant 
Case No. 2010-03576-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: 

Robin Oatts Jolene M. Molitoris, Director 

85 Acton Road Department of Transportation 

Columbus, Ohio 43214 1980 West Broad Street 

 Columbus, Ohio 43222 

RDK/laa 

4/12 

Filed 4/15/10 

Sent to S.C. reporter 8/20/10