Subscribe to School Law Newsletter
Close Window

Appellate Court Grants Statutory Immunity to Board of Commissioners, Citing Office Followed Typical Road Repair Practices.

In Keller v. Carroll County Board of Commissioners, Slip Opinion No. 2022-Ohio-3089, the Appellate Court granted political subdivision immunity under R.C. Chapter 2477 to the Carroll County Board of Commissioners against a motorcyclist’s claim seeking liability for a motorcycle accident.

Here, the motorcyclist asserted that political subdivision immunity should be stripped from the Carroll County Board of Commissioners because the road that the motorcyclist was traveling on was in disrepair at the time of the accident. The motorcyclist contested that the roadwork that had just been performed by the city was negligible because the city left excess gravel on the road, which the motorcyclist attributes as the main cause of the accident. The Appellate Court found in favor of the Carrol County Board of Commissioners.

In support of its decision, the Appellate Court stated that the Carroll County Board of Commissioners was entitled to political subdivision immunity. The Appellate Court found that the motorcyclist failed to produce evidence showing that the road was in disrepair because the Board of Commissioners and the road workers followed proper procedures for a typical road repair. The Appellate Court went on further, stating that the method used by the city to repair the road was sufficient with the prior standard and was a typical method in repairing roadways. The Appellate Court further found that the Board of Commissioners was not responsible for any latent defects in the roadway as the road was in good condition following the repair. Therefore, the Appellate Court correctly granted immunity to the Carroll County Board of Commissioners.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.