[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 Columbus 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, 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} 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 

 Defendant 
Case 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