2006-Ohio-7206
No. 2005-09316-AD.Court of Claims of Ohio.
Filed June 30, 2006.
Uriah Cone, Sr., Cincinnati, Ohio, Plaintiff, Pro se.
Gordon Proctor, Director Department of Transportation, Columbus, Ohio, For Defendant.
MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On July 14, 2005, plaintiff, Uriah Cone, Sr., was traveling east on US Route 30 in Wayne County through a construction zone, when his automobile struck a pothole causing substantial damage to the vehicle.
{¶ 2} 2) Plaintiff suffered damage to his car, a 1998 Mercedes-Benz-CL600 in the amount of $8,779.69. All but $500.00 of plaintiff’s property damage was reimbursed by his automobile insurer. Plaintiff originally filed a complaint seeking to recover $8,779.69, the total cost of automotive repair resulting from the July 14, 2005, incident, plus $25.00 for filing fee reimbursement. Plaintiff contended his property damage was proximately caused by negligence on the part of defendant, Department of Transportation(“DOT”), in maintaining the roadway. On December 19, 2005, plaintiff filed an amended complaint claiming damages of $25,00.00, an amount representing his insurance coverage deductible of $500.00 and $2,000.00 for “loss of vacation time.” Plaintiff did not elaborate or provide monetary loss specifics about the purported lost vacation.
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{¶ 3} 3) Defendant filed an investigation report admitting liability for plaintiff’s $500.00 insurance coverage deductible he paid for the automotive repair resulting from the July 14, 2005, property damage occurrence. Defendant contended plaintiff is not entitled to receive any damage award in addition to his insurance coverage deductible amount.
{¶ 4} 4) Despite filing a response, plaintiff has not offered any evidence to establish he suffered any compensable damages other than his insurance coverage deductible and filing fee reimbursement. Plaintiff acknowledged he did not incur expenses for loss of use of his vehicle.
CONCLUSIONS OF LAW {¶ 5} 1) Defendant has the duty to maintain its highways in a reasonably safe condition for the motoring public. Knickel v. Ohio Department of Transportation (1976), 49 Ohio App. 2d 335. However, defendant is not an insurer of the safety of its highways. Se Kniskern v. Township of Somerford (1996), 112 Ohio App. 3d 18 9 Rhodus v. Ohio Dept. of Transp. (1990), 67 Ohio App. 3d 723.
{¶ 6} 2) In order to recover in any suit involving injury proximately caused by roadway conditions plaintiff must prove either: 1) defendant had actual or constructive notice of the pothole 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 (1976), 75-0287-AD.
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{¶ 7} 3) Defendant is only liable for roadway conditions of which it has notice, but fails to reasonably correct. Bussard v. Dept. of Transp. (1986), 31 Ohio Misc. 2d 1.
{¶ 8} 4) Plaintiff has proven, by a preponderance of the evidence, negligence on the part of defendant. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. Wiswasser v. Ohio Department of Transportation (2006), 2006-02498-AD.
{¶ 9} 5) As trier of fact, this court has the power to award reasonable damages based on evidence presented. Sims v. Southern Ohio Correctional Facility (1988), 61 Ohio Misc. 2d 239.
{¶ 10} 6) The court, pursuant to the limitations of R.C. 2743.02(D), finds defendant liable to plaintiff in the amount of $500.00, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19.
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ENTRY OF ADMINISTRATIVE DETERMINATION
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 plaintiff in the amount of $525.00, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
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