[Cite as Curry v. Dept. of Transp., 2011-Ohio-2893.]

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

MONROE R. CURRY, JR. 

 Plaintiff 

 v. 

DEPARTMENT OF 

TRANSPORTATION 

 Defendant 

Case No. 2010-10807-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Monroe R. Curry, Jr., filed this action against defendant, 

Department of Transportation (ODOT), alleging that his 2003 Cadillac Deville was 

damaged as a proximate cause of maintaining a hazardous condition on Aurora Road 

(State Route 43) within the City of Bedford Heights in Cuyahoga County. Plaintiff 

recorded he was traveling west on Aurora Road on January 18, 2010 when his 

automobile struck a large pothole causing substantial damage to the vehicle. In his 

complaint, plaintiff requested damage recovery in the amount of $417.23, the cost of 

replacement parts and related repair expenses. The filing fee was paid. 

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

dismissed due to the fact ODOT does not bear the maintenance responsibility for State 

Route 43 within the City of Bedford Heights. Defendant explained ODOT’s 

“investigation indicates that the location of Plaintiff’s incident would be within the 

maintenance of Bedford Heights or the Cleveland Water Department.” Defendant 
contended ODOT is not a proper party defendant to this action denying any 

maintenance responsibility for the roadway area where plaintiff’s damage event 

occurred. Evidence shows ODOT does not maintain State Route 43 within the limits of 

Bedford Heights. 

{¶ 3} 3) Plaintiff did not respond. 

CONCLUSIONS OF LAW 

{¶ 4} 1) R.C. 2743.01(A) provides: 

 “(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: 

 “(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.” 

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

 “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 . . .” 

{¶ 7} 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 

MONROE R. CURRY, JR. 

 Plaintiff 

 v. 

DEPARTMENT OF TRANSPORTATION 

 Defendant 

Case No. 2010-10807-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, this case is DISMISSED. 

Court costs are assessed against plaintiff. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Monroe R. Curry, Jr. Jerry Wray, Director 

5367 Fairtree Road Department of Transportation 

Bedford, Ohio 44146 1980 West Broad Street 

 Columbus, Ohio 43223 

RDK/laa 

3/7 
Filed 3/17/11 

Sent to S.C. reporter 6/9/11