Petrasko v. Ohio Dept. of Transp.

Ohio Court of Claims

Petrasko v. Ohio Dept. of Transp.

2015 Ohio 5355

CourtOhio Court of Claims

DecidedSeptember 22, 2015

Docket2015-00342-AD

StatusPublished

This text of 2015 Ohio 5355 (Petrasko v. Ohio Dept. of Transp.) 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

Petrasko v. Ohio Dept. of Transp., 2015 Ohio 5355 (Ohio Super. Ct. 2015).

Pincite

Opinion

[Cite as Petrasko v. Ohio Dept. of Transp., 2015-Ohio-5355.]

THEDA K. PETRASKO Case No. 2015-00342-AD

Plaintiff Clerk Mark H. Reed

v. MEMORANDUM DECISION OHIO DEPARTMENT OF TRANSPORTATION

Defendant

{¶1} Plaintiff Theda K. Petrasko filed this claim on April 13, 2015 to recover damages which occurred when her 2012 Hyundai Elantra struck an uncovered manhole while traveling westbound on State Route 124 in Meigs County, Ohio. This road is a public road not maintained by the Ohio Department of Transportation. Plaintiff’s vehicle sustained damages in the amount of $498.15. Plaintiff maintains a collision insurance deductible of $500.00. {¶2} In order to recover on a claim for roadway damages against the Ohio Department of Transportation, Ohio law requires that a motorist/plaintiff prove all of the following: {¶3} That the plaintiff’s motor vehicle received damages as a result of coming into contact with a dangerous condition on a road maintained by the defendant. {¶4} That the defendant knew or should have known about the dangerous road condition. {¶5} That the defendant, 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 incurred damages as a result of a dangerous highway condition. However, as the Investigation Report filed July 7, 2015 makes clear, this road is not a road maintained by the defendant, it is instead a road that is maintained by the Village of Pomeroy. Case No. 2015-00342-AD -2- MEMORANDUM DECISION

{¶7} Since the defendant had no responsibility to maintain this road, they cannot be held liable for plaintiff’s losses.

v. ENTRY OF ADMINISTRATIVE OHIO DEPARTMENT OF DETERMINATION TRANSPORTATION

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 defendant. Court costs are assessed against plaintiff.

MARK H. REED Clerk Entry cc:

Theda K. Petrasko Jerry Wray, Director 2408 June Street Ohio Department Of Transportation P.O. Box 165 1980 West Broad Street Syracuse, Ohio 45779 Mail Stop 1500 Columbus, Ohio 43223 Case No. 2015-00342-AD -3- MEMORANDUM DECISION

Filed 9/22/15 Sent to S.C. Reporter 12/21/15

Free access — add to your briefcase to read the full text and ask questions with AI

[Cite as Petrasko v. Ohio Dept. of Transp., 2015-Ohio-5355.]

THEDA K. PETRASKO Case No. 2015-00342-AD

Plaintiff Clerk Mark H. Reed

v. MEMORANDUM DECISION OHIO DEPARTMENT OF TRANSPORTATION

Defendant

{¶1} Plaintiff Theda K. Petrasko filed this claim on April 13, 2015 to recover damages which occurred when her 2012 Hyundai Elantra struck an uncovered manhole while traveling westbound on State Route 124 in Meigs County, Ohio. This road is a public road not maintained by the Ohio Department of Transportation. Plaintiff’s vehicle sustained damages in the amount of $498.15. Plaintiff maintains a collision insurance deductible of $500.00. {¶2} In order to recover on a claim for roadway damages against the Ohio Department of Transportation, Ohio law requires that a motorist/plaintiff prove all of the following: {¶3} That the plaintiff’s motor vehicle received damages as a result of coming into contact with a dangerous condition on a road maintained by the defendant. {¶4} That the defendant knew or should have known about the dangerous road condition. {¶5} That the defendant, 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 incurred damages as a result of a dangerous highway condition. However, as the Investigation Report filed July 7, 2015 makes clear, this road is not a road maintained by the defendant, it is instead a road that is maintained by the Village of Pomeroy. Case No. 2015-00342-AD -2- MEMORANDUM DECISION

{¶7} Since the defendant had no responsibility to maintain this road, they cannot be held liable for plaintiff’s losses.

v. ENTRY OF ADMINISTRATIVE OHIO DEPARTMENT OF DETERMINATION TRANSPORTATION

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 defendant. Court costs are assessed against plaintiff.

MARK H. REED Clerk Entry cc:

Theda K. Petrasko Jerry Wray, Director 2408 June Street Ohio Department Of Transportation P.O. Box 165 1980 West Broad Street Syracuse, Ohio 45779 Mail Stop 1500 Columbus, Ohio 43223 Case No. 2015-00342-AD -3- MEMORANDUM DECISION

Filed 9/22/15 Sent to S.C. Reporter 12/21/15

Cite This Page — Counsel Stack

Bluebook (online)

2015 Ohio 5355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petrasko-v-ohio-dept-of-transp-ohioctcl-2015.