Rassi v. Ohio Dept. of Transp.

[Cite as Rassi v. Ohio Dept. of Transp., 2023-Ohio-3166.]
IN THE COURT OF CLAIMS OF OHIO
KIMBERLY SUE RASSI Case No. 2023-00237AD
Plaintiff Deputy Clerk Holly True Shaver
v. MEMORANDUM DECISION
OHIO DEPARTMENT OF
TRANSPORTATION
Defendant
{¶1} Kimberly Sue Rassi (“plaintiff”) filed this claim against the Ohio Department
of Transportation (“ODOT”), to recover damages which occurred when plaintiff’s 2017
Mini Cooper struck a pothole on March 23, 2023, while traveling on Route 237 in the City
of Cleveland, Ohio. This road is not a public road maintained by ODOT. Plaintiff’s vehicle
sustained damages in the amount of $377.55. Plaintiff submitted the $25.00 filing fee.
{¶2} Defendant filed an investigation report requesting plaintiff’s claim be
dismissed because the City of Cleveland and not ODOT bears the maintenance
responsibility for the section of the road where plaintiff’s incident occurred. In support of
its request to dismiss, defendant submitted documentation showing that the area of
incident is located within the maintenance jurisdiction of City of Cleveland.
{¶3} Plaintiff did not respond to defendant’s investigation report.
{¶4} R.C. 5501.31 in pertinent part states:
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
culverts thereon, shall attach to or rest upon the director [of
transportation] * * *.
Case No. 2023-00237AD -2- MEMORANDUM DECISION
{¶5} Since ODOT had no responsibility to maintain this road, it cannot be held
liable for plaintiff’s losses. Therefore, plaintiff’s claim must fail.
KIMBERLY SUE RASSI Case No. 2023-00237AD
Plaintiff Deputy Clerk Holly True Shaver
v. ENTRY OF ADMINISTRATIVE
DETERMINATION
OHIO DEPARTMENT OF
TRANSPORTATION
Defendant
{¶6} 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 shall be absorbed by the court in excess of the filing fee.
HOLLY TRUE SHAVER
Deputy Clerk
Filed 8/4/23
Sent to S.C. Reporter 9/7/23