Opinion
2021-00618AD
03-09-2022
JAMES J. LAUMER Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
Sent to S.C. Reporter 1/18/23
MEMORANDUM DECISION
{¶1} James Laumer ("plaintiff) filed this claim against the defendant, Ohio Department of Transportation ("ODOT"), to recover damages sustained to his 2020 BMW 330i on October 30, 2021, by striking a pothole while he was traveling westbound on Interstate Route ("IR") 480, before the Miles Road exit in Cuyahoga County, Ohio. This road is a public road maintained by ODOT. Plaintiff seeks damages in the amount of $566.95. 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} Plaintiff must also prove that ODOT knew or should have known about the dangerous condition to succeed on this claim. See Denis v. Department of Transportation, 75-0287-AD (1976).
{¶8} Defendant submitted an Investigation Report, stating that plaintiff struck the pothole while traveling west on IR 480 before the Miles Road exit in Warrensville Heights, Cuyahoga County, Ohio. ODOT stated it is willing to settle this case, but plaintiff has failed to submit his automobile insurance information.
ENTRY OF ADMINISTRATIVE DETERMINATION
{¶9} On September 30, 2021, R.C. 2743.02(D) was amended to read: "Recoveries against the state shall be reduced by the aggregate of insurance proceeds, disability award, or other collateral recovery that the claimant receives or is entitled to."
{¶10} Plaintiff filed his auto insurance information from State Farm Insurance. Plaintiff's policy reveals he has collision coverage with a $250.00 deductible.
{¶11} Accordingly, pursuant to R.C. 2743.02(D), judgment is rendered in favor of plaintiff in the amount of $316.95, 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).
{¶12} 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 $341.95, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.