Opinion
2020-00227AD
10-22-2020
JULIE WILHELM Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
Sent to S.C. Reporter 10/21/21
MEMORANDUM DECISION
{¶1} Julie Wilhelm ("plaintiff") filed this claim against the Ohio Department of Transportation ("ODOT"), to recover damages which occurred when her 2016 Volkswagen Jetta struck a pothole on March 18, 2020, while she was traveling on the Stringtown Road exit from Interstate Route ("IR") 71 South, in Franklin County, Ohio. This road is a public road maintained by ODOT. Plaintiffs vehicle sustained damages in the amount of $283.67. 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 her 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} For constructive notice to exist, a plaintiff must prove that sufficient time has passed after the dangerous condition first appears, so that under the circumstances ODOT should have gained knowledge of its existence. Guiher v. Dept. of Transportation, 78-0126-AD (1978); Gelarden v. Ohio Dept. of Transp., Dist. 4, Ct. of Cl. No. 2007-02521-AD, 2007-Ohio-3047.
{¶9} In the Investigation Report, ODOT indicated that the location of the incident was on the Stringtown Road exit ramp from IR71 South in Franklin County. Defendant expressed its willingness to settle this claim, but states it will only settle claim for which a proper invoice exists. A review of the case file reveals plaintiff has submitted an invoice from Mr. Tire Auto Center in the amount of $88.67 for a wheel alignment. ODOT stated the handwritten notation from Eakin Road Tire for $110.00 for a pair of tires and $85.00 from Eakin Road Tire for a towing expense, do not conform to the requirements of R.C. 125.01(B), for a proper invoice.
{¶10} On September 17, 2020, this court issued an entry which required plaintiff, within thirty (30) days, to submit an invoice from Eakin Road Tire which met the requirements of R.C. 125.01(B). A check of the docket reveals plaintiff has not complied with this court's entry. Accordingly, expenses incurred from Eakin Road Tire will not be considered since the invoice does not meet the requirements of R.C. 125.01(B).
{¶11} Therefore, judgment is rendered in favor of plaintiff in the amount of $88.67, 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
{¶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 $113.67, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.