Opinion
2020-00087AD
09-17-2020
JOSEPH R. THOMAS Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
MEMORANDUM DECISION
{¶1} Joseph Thomas ("plaintiff") filed this claim against defendant, the Ohio Department of Transportation ("ODOT"), to recover damages which occurred when his vehicle was struck by debris propelled into his vehicle by another motorist. The damage-causing incident occurred on January 28, 2020, while he was traveling eastbound on United States ("US") 422, near the Harper Road exit, in Cuyahoga County, Ohio. This road is a public road maintained by ODOT. Plaintiffs vehicle sustained damages in the amount of $3,284.60. 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 order for a plaintiff to recover in any suit involving injury proximately caused by roadway conditions including debris, plaintiff must prove that either: 1) defendant had actual or constructive notice of the debris condition and failed to respond in a reasonable time or responded in a negligent manner, or 2) that defendant, in a general sense, maintains its highways negligently. Denis v. Department of Transportation, 75-0287-AD (1976).
{¶8} Plaintiff stated that when he reported the incident to the Solon Police Department, he was informed that 30 minutes prior to his incident a car accident had occurred and the debris from that accident was not properly cleaned up.
{¶9} However, it appears that ODOT was not notified of the prior accident. Furthermore, even if ODOT had been notified, 30 minutes was too short of a time for ODOT to respond. In Miller v. Department of Transportation, 2005-03547-AD, 2005-Ohio-5384, this court determined a five (5) hour notice was sufficient to prove defendant had notice of the dangerous condition, but less than two (2) hours was insufficient notice. Steiner v. Ohio Department of Transportation, 2018-00548AD, 2018-Ohio-5499.
{¶10} In the Investigation Report, ODOT stated that the location of the incident was on U.S. 422 East in Cuyahoga County, between mile markers 16.0 and 16.5. ODOT stated it did not receive notice of the accident or debris condition until plaintiffs wife informed ODOT on January 31, 2020.
{¶11} Under Ohio law, the burden of proof in civil claims like this one rests on the plaintiff. The plaintiff, to succeed on the claim, must prove that ODOT either knew or reasonably should have known about the debris in the roadway. Plaintiff has not met this burden.
{¶12} On July 31, 2020, this court issued an entry allowing plaintiff additional time to submit a response to defendant's Investigation Report. However, plaintiff did not file a response.
{¶13} Finally, the law in Ohio is that ODOT is not an absolute insurer of a motorist's safety on the highway. Kniskern v. Township of Somerford, 112 Ohio App.3d 189, 678 N.E.2d 273 (10th Dist. 1996); Rhodus v. Ohio Dept. of Transp., 67 Ohio App.3d 723, 588 N.E.2d 864 (10th Dist. 1990). The department is only liable for damage when the court finds that it was negligent. This, the court is unable to do.
{¶14} Since the plaintiff is unable to prove that the defendant knew or should have known about this dangerous condition, the claim must fail.
ENTRY OF ADMINISTRATIVE DETERMINATION
{¶15} 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 defendant. Court costs shall be absorbed by the court.