No. 2002-07185-AD.Court of Claims of Ohio.
October 31, 2002.
For Defendant: Colonel Kenneth L. Morckel, Superintendent, Ohio State Highway Patrol, P.O. Box 182074, Columbus, Ohio 43218-2074.
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) At sometime before June 27, 2002, plaintiff, Ursula Culver, was traveling north on Interstate 75 in Hamilton County when her automobile struck a “big piece of rubber from a semi-truck.” Plaintiff indicated the impact with the piece of rubber caused an oil leak from her automobile.
{¶ 2} 2) Plaintiff subsequently filed this complaint seeking to recover $1,113.94, the cost of automotive repair plaintiff claims she incurred as a result of her car striking the piece of rubber on the roadway. Plaintiff also seeks filing fee reimbursement.
{¶ 3} 3) In her complaint, plaintiff named the Ohio State Highway Patrol as defendant.
CONCLUSIONS OF LAW {¶ 4} 1) The Ohio State Highway Patrol has neither a statutory duty nor any other legal duty to maintain state roadways for the safety of the motoring public. The Ohio State Highway Patrol is not a proper defendant in plaintiff’s action.
{¶ 5} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;
{¶ 6} IT IS ORDERED THAT:
{¶ 7} 1) Plaintiff’s claim is DISMISSED;
{¶ 8} 2) The court shall absorb the court costs of this case in excess of the filing fee.
DANIEL R. BORCHERT Deputy Clerk