In the case of Williams v. Columbus, 2023-Ohio-1451, an appellate court held that the city was not liable for the cyclist’s injury by the collapse of pavement around a catch basin when the city had no knowledge of the hazardous condition and did not cause the collapse.
In this case, the cyclist argued that (1) the city was not immune from liability because the maintenance of sewers is a proprietary function of the local government and (2) maintenance of roadways is always an exception to civil immunity. In response, the city argued that the city was not aware of the hazardous condition and did not cause the collapse. The appellate court agreed with the city.
In support of its decision in favor of the city, the appellate court explained that the cyclist speculated about the cause of the collapse but was unable to offer any evidence to support his allegation that the city was the cause. The appellate court further explained that it would be unreasonable to expect the city to have knowledge of the hazard because the cyclist could not see it even with a clear, unobstructed view of the roadway.
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.