Justus v. Ohio Department of Transportation

2002 Ohio 4754, 776 N.E.2d 131, 120 Ohio Misc. 2d 1
CourtOhio Court of Claims
DecidedSeptember 6, 2002
DocketNo. 97-01775
StatusPublished

This text of 2002 Ohio 4754 (Justus v. Ohio Department of Transportation) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Justus v. Ohio Department of Transportation, 2002 Ohio 4754, 776 N.E.2d 131, 120 Ohio Misc. 2d 1 (Ohio Super. Ct. 2002).

Opinion

Everett Burton, Judge.

{¶ 1} Plaintiff brings this action against defendant alleging claims of negligence and wrongful death. Plaintiff asserts that defendant’s negligence was the proximate cause of a collision involving a train and the motor vehicle in which plaintiffs decedent was a passenger. The case was tried to the court on the issue of liability.

{¶ 2} On April 24, 1995, CSX Transportation (“CSX”) submitted to defendant a project proposal that included a request for a 12-day closure of a railroad crossing on State Route (“SR”) 4 in Seneca County, Ohio. CSX proposed to install new track and to repave the roadway adjacent to the railroad crossing. CSX was responsible for performing all design and construction work on the project. A detour was subsequently approved that rerouted traffic to the west and north and eventually onto SR 162, which crossed the railroad tracks before intersecting with SR 4.

{¶ 3} According to defendant’s detour bulletin, the project was to be completed in two weeks. In a letter dated May 3, 1995, Richard Purse, defendant’s rail coordinator, notified CSX of the detour route and emphasized that the “route must be re-opened prior to the Memorial Day weekend.” On May 15, 1995, the intersection was closed and CSX began its construction project. On May 24, a CSX representative notified defendant that the project would not be complete [4]*4before May 31. When defendant demanded that the crossing be reopened prior to the holiday weekend, CSX attempted to construct a temporary pavement at the crossing. However, defendant determined that the temporary pavement was inadequate and CSX continued construction. A detour plan was conceived and implemented by defendant.

{¶ 4} On June 3, 1995, plaintiffs decedent, Charles Boyd, traveled from Columbus in a car with three other teenage boys and headed for Cedar Point Amusement Park. The boys traveled north on SR 4, where they encountered the aforementioned detour that took them to SR 162. It was raining heavily and visibility was reduced when they approached the railroad crossing from the west on SR 162. At the same time, a train was traveling northbound toward the intersection at a speed of 37 miles per hour. The train had its headlights and “ditchlights” on, and the crew began sounding the train whistle and bell approximately one-fourth of a mile south of the crossing. The train crew observed the car as it neared the tracks, but they were unable to stop the train before a collision occurred. Boyd sustained fatal injuries as a result of the incident.

{¶ 5} Plaintiff alleges that defendant negligently implemented the detour process and that its negligence was a proximate cause of Boyd’s death. Specifically, plaintiff asserts that defendant failed to follow its own standard operating procedures (“SOP”) by approving the detour without the review and approval from a traffic engineer. Plaintiff maintains that a competent traffic engineer would not have approved a detour route that increased the traffic flow at an “ultra-hazardous” crossing.1

{¶ 6} In order for plaintiff to prevail upon her claims of negligence, she must prove by a preponderance of the evidence that defendant owed her a duty, that it breached that duty, and that the breach proximately caused the death of plaintiffs decedent. Strother v. Hutchinson (1981), 67 Ohio St.2d 282, 285, 21 O.O.3d 177, 423 N.E.2d 467. Defendant has a duty to maintain its highways in a reasonably safe condition for the motoring public. Knickel v. Ohio Dept. of Transp. (1976), 49 Ohio App.2d 335, 3 O.O.3d 413, 361 N.E.2d 486; White v. Ohio Dept. of Transp. (1990), 56 Ohio St.3d 39, 42, 564 N.E.2d 462.

{¶ 7} Defendant’s SOPs 209 and 301 address procedures for instituting and reporting detour routes. The express purpose of Section A of SOP 209 “is to establish the procedures to be used to determine whether work on an existing highway, be it by contract or State force account, will require the closing of the highway with the provision of detours, temporary roads and temporary run[5]*5arounds, or whether traffic will be maintained through all or portions of the construction project, and to establish reporting procedures.”

{¶ 8} Archie Burnham, plaintiffs engineering expert, testified that defendant should have followed the procedures outlined in SOP 209 with regard to the detour in question. According to Burnham, defendant was required to have the detour route approved by a traffic engineer. Burnham opined that a traffic engineer would have concluded that it was not reasonably safe to direct traffic over the crossing without further safety precautions. Burnham stated that defendant’s engineer could have considered other precautions such as stationing a flagman, seeking a “slow order” from the railroad to decrease the train speed in the area, and delaying the detour until lights and gates could be installed.

{¶ 9} Eugene Madrzykowski, a traffic analyst who designed the detour for defendant, also testified regarding the applicability of SOP 209 to the detour decision. Madrzykowski testified that SOP 209 applied primarily to large highway construction projects that involved work by either independent contractors or the “state force account.” Madrzykowski explained that a “force account” referred to construction projects that were performed by defendant.

{¶ 10} SOP 209 section C provides that the decision to use a detour “shall be determined as early as possible” during the “preparation of the pre-scope document,” either prior to beginning any preparation of detailed plans or during advance planning. SOP 209 directs the planning or operations engineer to consider the need for a detour during the planning of highway construction. It is also during this process when the planning and design, operations, construction, bridge and traffic engineers are directed to coordinate with each other.

{¶ 11} In this case, defendant was not involved in the planning or construction of the railroad crossing project. Rather, CSX was responsible for all maintenance and construction work. Defendant’s involvement with the project was limited to approving the road closure, selecting the detour route and monitoring construction. The court finds that the language of SOP 209 supports defendant’s interpretation of its scope regarding detour planning. Accordingly, the court finds that SOP 209 requirements with respect to coordination among defendant’s district engineers did not apply to the detour in question because defendant was not involved in the construction planning.

{¶ 12} With regard to the reporting provisions of SOPs 209 and 301, Madrzykowski testified that he followed the SOP sections that applied to the detour decision. SOP 301 establishes “a procedure for reporting partial and complete road closures, detour routes and route openings so that the public and the affected highway personnel may be properly informed.” On April 24, 1995, CSX submitted its project proposal to defendant, listing the start and finish dates [6]*6for the project as May 15 and May 26, respectively. W. Michael Ligibel, defendant’s Administrator of Planning and Projects and the supervisor for railroad activities, forwarded a copy of the CSX proposal to Richard Purse, who coordinated railroad projects for defendant.

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Related

Knickel v. Department of Transportation
361 N.E.2d 486 (Ohio Court of Appeals, 1976)
Cates v. Consolidated Rail Corp.
653 N.E.2d 1229 (Ohio Court of Appeals, 1995)
North v. Pennsylvania Rd. Co.
224 N.E.2d 757 (Ohio Supreme Court, 1967)
Strother v. Hutchinson
423 N.E.2d 467 (Ohio Supreme Court, 1981)
White v. Ohio Department of Transportation
564 N.E.2d 462 (Ohio Supreme Court, 1990)

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Bluebook (online)
2002 Ohio 4754, 776 N.E.2d 131, 120 Ohio Misc. 2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/justus-v-ohio-department-of-transportation-ohioctcl-2002.