In the case of Stykes v. Colerain Twp., 1st Dist. Hamilton No. C-180260, 2019-Ohio-3937, an Ohio appellate court held that a political subdivision’s failure to maintain stop signs may not expose it to liability.
In this case, a motorcyclist was involved in an accident at an intersection with a missing stop sign and sued the township for negligence. The township raised a successful defense of statutory immunity in the trial court under R.C. 2744. On appeal, the Ohio appellate court dealt with the issue of whether stop signs are included in the term “public roads” for the purposes of the statutory immunity exception enumerated in 2744.02(B). The Ohio appellate court resolved the issue by looking at the definition of “public roads” in R.C. 2744.01 which excluded from the definition traffic control devices unless the traffic control devices were “mandated by the Ohio manual of uniform traffic control devices.”
The Ohio appellate court found that a stop sign at the intersection at issue was not mandated by the “Ohio manual of uniform traffic control (i.e., it was discretionary and not included in the definition of “public roads”). Thus, the Ohio appellate court held that the absence of the stop sign did not expose the township to liability.
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 always changing like the 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.