2004-Ohio-2103
No. 2004-01079-AD.Court of Claims of Ohio.
Filed April 2, 2004.
Justin Deandrade, 38370 Tamarac Blvd., Apt. 209, Willoughby, Ohio 44094, for Plaintiff, Pro se.
Thomas P. Pannett, P.E., Assistant Legal Counsel, Department of Transportation, 1980 West Broad Street, Columbus, Ohio 43223, for Defendant.
ENTRY OF DISMISSAL {¶ 1} On January 5, 2004, plaintiff filed a complaint against defendant, Department of Transportation. Plaintiff alleges on December 18, 2003, while driving west on State Route 2 between exits 91 and 305, his vehicle was damaged when a piece of metal or steel flew off the roadway and struck his vehicle. Plaintiff seeks reimbursement from defendant for the damage caused to his car which amounted to $616.46. Plaintiff submitted the filing fee with the complaint.
{¶ 2} On March 16, 2004, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant stated in pertinent part: “Defendant has performed an investigation of this site and this section of SR 2 between SR 91 and E. 305th Street exit falls under the maintenance jurisdiction of the cities of Willowick and Eastlake (See Attached Map). As such, this section of roadway is not within the maintenance jurisdiction of the defendant.”
{¶ 3} Plaintiff has not responded to defendant’s motion to dismiss.
{¶ 4} Plaintiff’s damage causing incident occurred either in the city of Willowick or the city of Eastlake. R.C. 5501.31, in pertinent part states:
{¶ 5} “Except in the case of maintaining, repairing, erecting traffic signs on, or pavement marking of state highways within villages, which is mandatory as required by section 5521.01 of the Revised Code, and except as provided in section 5501.49 of the Revised Code, no duty of constructing, reconstructing, widening, resurfacing, maintaining, or repairing state highways within municipal corporations, or the bridges and culverts thereon, shall attach to or rest upon the director . . .”
{¶ 6} The site of the damage-causing incident was not the maintenance responsibility of defendant. Consequently, plaintiff’s case is dismissed.
{¶ 7} Having considered all the evidence in the claim file and, for the reasons set forth above, defendant’s motion to dismiss is GRANTED. Plaintiff’s case is DISMISSED. The court shall absorb the court costs of this case. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal.