Ohio Court of Claims Decisions

A number of cases decided in April were posted on the Supreme Court of Ohio's web site on 5/2/2005. Case info is below. For full text, click here, then use the drop down menu to choose the Court of Claims.

Downs v. Ohio Dept. of Transp. 2004-01915-AD
Automobile damage, roadway repair. No notice. No evidence of nuisance.
Burden of proof, duty of care. Judgment for defendant.

Shank v. Dept. of Transp. 2005-01633-AD
Automobile damage, road reflector. No notice. Burden of proof, duty of care.
Judgment for defendant.

Kline v. Ohio Dept. of Transp. 2005-01595-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Sexton v. Ohio Dept. of Transp., Dist. 8 2005-01544-AD
Automobile damage, pothole. Incident site not in maintenance jurisdiction of defendant.
Case dismissed.

Heller v. Ohio Dept. of Transp. 2005-01528-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Picciano v. Dept. of Transp. 2005-01439-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Clarke v. Ohio Dept. of Transp., Dist. 3 2005-01269-AD
Motorcycle damage, debris. No notice. Burden of proof, duty of care.
Judgment for defendant.

Faulk v. Richland Correctional Inst. 2005-01137-Ad
Failure to submit filing fee or poverty statement documentation.
Case dismissed without prejudice.

Nyeste v. Ohio Dept. of Transp. 2005-01021-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Cargile v. S. Ohio Correctional Inst. 2004-11023-AD
Inmate property loss, bailment. Admission of liability and damages in
an agreed upon amount. Judgment for plaintiff.

Hanlin v. Ohio Dept. of Transp. 2004-10582-AD
Automobile damage, debris from hillside adjacent to roadway. No notice.
Burden of proof, duty of care. Judgment for defendant.

Marcum v. Ohio Dept. of Transp. 2004-10507-AD
Automobile damage, traffic control barrel. No notice. Burden of proof, duty of care.
Judgment for defendant.

Quigley v. Ohio Dept. of Transp. 2004-10132-AD
Automobile damage, line painting. Third party recovery. Case dismissed.

Cooper v. Ohio State Highway Patrol 2004-10124-AD
Automobile damage, canine search. Burden of proof, duty of care.
Judgment for defendant.

Mitchell v. Chillicothe Correctional Inst. 2004-10001-AD
Inmate property loss, external transfer. Failure to prove ownership of some property.
Burden of proof, duty of care. Judgment for defendant.

Qualls v. Ohio Dept. of Transp. 2004-09622-AD
Recovery from a third party. Case dismissed.

Hibbler v. Ohio Dept. of Transp. 2004-09487-AD
Automobile damage, construction zone. Road construction not delegable to third party.
No notice. Burden of proof, duty of care. Judgment for defendant.

Ramirez v. Ohio State Highway Patrol 2004-09444-AD
Personal property damage. Traffic stop and subsequent search of vehicle.
Burden of proof, duty of care. Judgment for defendant.

Smith v. Bureau of Motor Vehicles 2004-04957-AD
Driver’s license allegedly erroneously suspended.
Evidence established license suspension was warranted. Burden of proof, duty of care.
Judgment for defendant.

Later