[Cite as Mazur v. Ohio Dept. of Transp., Dist. 12, 2011-Ohio-1111.]

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

JOHN MAZUR 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 12 

 Defendant 

Case No. 2010-08641-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, John Mazur, filed this action against defendant, Department 

of Transportation (ODOT), alleging his 2004 Saab was damaged as a proximate cause 

of negligence on the part of ODOT in maintaining a hazardous condition on Aurora 

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

recorded he was traveling to his place of business located at 24381 Aurora Road, 

Bedford Heights, Ohio 44146, when his automobile struck a pothole causing damage to 

the vehicle. Plaintiff recalled his damage incident occurred on May 20, 2010 at 

approximately 1:00 p.m. Plaintiff explained Aurora Road had been under extensive 

construction since February, 2010 and “the Water Line Replacement Project has 

created large crater-like holes in various locations and changing frequently.” Plaintiff 

asserted his car was damaged when the vehicle struck a hole in the roadway created by 

construction work involving the Water Line Replacement Project on Aurora Road. 

Plaintiff contended his property damage was the result of negligence on the part of 

ODOT in failing to patch potholes created by construction work on Aurora Road prior to 

May 20, 2010. Plaintiff requested damage recovery in the amount of $579.27. 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 Cleveland Division of Water and their contractor, 

Fabrizi Company were responsible for maintenance on State Route 43 when work was 

done on the Water Line Replacement Project. Defendant stated, “[a]s such, the Fabrizi 

Company and the City of Cleveland Division of Water are the proper parties to plaintiff’s 

claim, not the defendant.” Defendant denied being responsible for maintenance for the 

particular portion of State Route 43 at the time of plaintiff’s incident. 

{¶ 3} 3) Plaintiff did not respond. 

CONCLUSIONS OF LAW 

{¶ 4} 1) R.C. 2743.01(A) provides: 

{¶ 5} “(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.” 

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

{¶ 7} “(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.” 

{¶ 8} 3) R.C. 5501.311 in pertinent part states: 

{¶ 9} “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 . . .” 

{¶ 10} 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 

JOHN MAZUR 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 12 

 Defendant 

Case No. 2010-08641-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: 
John Mazur Jolene M. Molitoris, Director 

7954 Regal Ridge Circle Department of Transportation 

Macedonia, Ohio 44056 1980 West Broad Street 

 Columbus, Ohio 43223 

RDK/laa 

11/24 

Filed 1/11/11 

Sent to S.C. reporter 3/4/11