[Cite as Peterson v. Ohio Dept. of Transp. , 2011-Ohio-6934.]

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

JENNIFER PETERSON

Plaintiff

v.

OHIO DEPT. OF TRANSPORTATION

Defendant

Case No. 2011-06781-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT {¶1} Plaintiff, Jennifer Peterson, 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 Dublin Road in Franklin County. Plaintiff related she was traveling on Dublin Road on March 15, 2011, at approximately 6:10 p.m. when her vehicle struck a pothole. The impact of striking the pothole damage two of plaintiff’s tires. In her complaint, plaintiff requested damages in the amount of $659.67,the stated cost of replacement parts and automotive repair expenses. The filing fee was paid. {¶2} Defendant filed an investigation report requesting plaintiff’s claim be dismissed due to the fact the City of Columbus or Marble Cliff (depending on the exact location of plaintiff’s incident) and not ODOT bears the maintenance responsibility for the section of Dublin Road or US Route 33 where plaintiff’s incident occurred. In support of the request to dismiss, ODOT stated, “the City of Colu mbus or Marble Cliff” takes care of this section of US Route 33. Defendant advised, “[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 Columbus

or in Marble Cliff.

CONCLUSIONS OF LAW {¶3} 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} 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, insection 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} 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

JENNIFER PETERSON

Plaintiff

v.

OHIO DEPT. OF TRANSPORTATION

DefendantCase No. 2011-06781-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 the memorandum decision filed concurrently herewith, plaintiff’s claim is DISMISSED. Court costs are assessed against plaintiff.

________________________________ DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Jennifer Peterson Jerry Wray, Director 2426 Southway Drive Department of Transportation Upper Arlington, Ohio 43221 1980 West Broad Street Columbus, Ohio 43222 SJM/laa 8/18 Filed 8/24/11 Sent to S.C. reporter 1/19/12