McLaughlin v. Ohio Dept. of Transp.

[Cite as McLaughlin v. Ohio Dept. of Transp., 2011-Ohio-1767.]
Court of Claims of Ohio
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
614.387.9800 or 1.800.824.8263
www.cco.state.oh.us
KRISTINA MCLAUGHLIN
Plaintiff
v.
OHIO DEPARTMENT OF TRANSPORTATION
Defendant
Case No. 2010-11293-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF DISMISSAL
{¶ 1} On October 18, 2010, plaintiff, Kristina McLaughlin, filed a complaint
against defendant, Department of Transportation. On December 9, 2010, defendant
filed a motion to dismiss. In support of the motion to dismiss, defendant stated in
pertinent part:
{¶ 2} “Upon investigation, it was discovered that Columbia Gas personnel were
repairing a gas line on SR 344 at the time of plaintiff’s incident. Plaintiff submitted
OSHP Accident Report #15-0781-15 and Trooper Sattler put in his report that Workers
from a private company that responded to repair the pothole stated that the pothole was
the responsibility of Columbia Gas because of the work they had recently done (See
Exhibit A). The location that plaintiff’s incident happened is at milepost 7.97 on SR 344.
A six-month maintenance history for pothole repair shows that ODOT had not been
working in this area in September 2010 (See Exhibit A). 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.
Case No. 2010-11293-AD -2- ENTRY
{¶ 4} Upon review, it appears Columbia Gas was the responsible party for the
damage-causing incident since they agreed that the damage was caused by their
negligence. Accordingly, defendant’s motion to dismiss is GRANTED, since defendant
had no maintenance responsibility with respect to this incident. Plaintiff’s case is
DISMISSED. The court shall absorb the court costs of this case in excess of the filing
fee.
________________________________
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Kristina McLaughlin Chester T. Lyman
5249 Woodville Road Department of Transportation
Leetonia, Ohio 44431 1980 West Broad Street
Columbus, Ohio 43223
DRB/laa
Filed 1/26/11
Sent to S.C. reporter 4/8/11