Opinion
2021-00687AD
03-30-2022
KHURRAM KHAN Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
Sent to S.C. Reporter 1/18/23
MEMORANDUM DECISION
I
{¶1} Khurram Khan ("plaintiff) filed this claim against the defendant, Ohio Department of Transportation ("ODOT"), to recover damages which occurred when his 2020 Mercedes Benz AMG struck a pothole on April 29, 2021, while he was traveling on Interstate Route ("IR") 71 North, near the Columbus Airport exit, in Franklin County, Ohio. This road is a public road maintained by ODOT. Plaintiffs vehicle sustained damages in the amount of $117.70, plus towing, Uber, gas, and car rental expenses. Plaintiff seeks total damages in the amount of $789.70. Plaintiff submitted the $25.00 filing fee.
{¶2} In order to recover on a claim for roadway damages against ODOT, Ohio law requires that a motorist/plaintiff prove all of the following:
{¶3} That the plaintiffs motor vehicle received damages as a result of coming into contact with a dangerous condition on a road maintained by ODOT.
{¶4} That ODOT knew or should have known about the dangerous road condition.
{¶5} That ODOT, armed with this knowledge, failed to repair or remedy the dangerous condition in a reasonable time.
{¶6} In this claim, the court finds that the plaintiff did prove that his vehicle received damages and that those damages occurred as a result of the plaintiffs vehicle coming into contact with a dangerous condition on a road maintained by ODOT.
{¶7} In the Investigation Report, defendant stated it is willing to settle this case for the cost of tire replacement, $117.70, but not the other expenses incurred by plaintiff.
{¶8} While defendant denies liability for the towing expenses, this court has found towing expenses to be a compensable expense. Chandler v. Ohio Department of Transportation, Ct. of Cl. No. 2011-09471-AD (10-11-11), 2011-Ohio-1024; Boiano v. Ohio Department of Transportation, Ct. of Cl. No. 2010-02880-AD, 2010-Ohio-4791; and Foster v. Ohio Department of Transportation, Ct. of Cl. No. 2010-05374-AD, 2010-Ohio-4798. Accordingly, plaintiff is granted $380.00 for his towing expense.
{¶9} However, with respect to the charges plaintiff incurred for transportation expenses he incurred due to the damage sustained to his vehicle, "If an injury is the natural and probable consequence of a negligent act and it is such as should have been foreseen in the light of all the attending circumstances, the injury is then the proximate result of the negligence. It is not necessary that the defendant should have anticipated the particular injury. It is sufficient that his act is likely to result in an injury to someone." Cascone v. Herb Kay Co., 6 Ohio St.3d 155, 160, 451 N.E.2d 815 (1983), quoting Neff Lumber Co. v. First National Bank of St. Clairsville, Admr, 122 Ohio St. 302, 309, 171 N.E. 327 (1930). This court, as trier of fact, determines questions of proximate causation. Shinaver v. Szymanski (1984), 14 Ohio St.3d 51, 471 N.E.2d 477 (1984).
{¶10} Plaintiff would not have incurred the $46.00 Uber expense but for the negligence of defendant. Accordingly, this is a compensable expense. Snyder v. Ohio Department of Transportation, 2018-00586AD, 2018-Ohio-5500.
{¶11} Using the same rationale as above, car rental expenses were reimbursed in Heard v. Ohio Department of Transportation, 2019-00880-AD (April 7, 2020). Gasoline used was also reimbursed in Toland v. Ohio Department of Transportation, 2000-10413-AD (March 7, 2001) affd jud (May 23, 2001).
{¶12} Plaintiff did not submit a response to defendant's Investigation Report.
{¶13} Therefore, judgment is rendered in favor of plaintiff in the amount of $789.70, plus $25.00 for reimbursement of the filing fee pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction, 62 Ohio Misc.2d 19, 587 N.E.2d 990 (Ct. of Cl. 1990).
ENTRY OF ADMINISTRATIVE DETERMINATION
{¶14} Having considered all the evidence in the claim file, and for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of the plaintiff in the amount of $814.70, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.