In the case of Bieber v. Perry Cty. Bd. of Comm’rs, 2020-Ohio-3996, 2020 Ohio App. LEXIS 2900, an Ohio appellate court found that the trial court did not err in denying defendant-county’s motion for summary judgment claiming statutory immunity where procedures for filling a pothole did not demonstrate weighing alternatives or making decisions requiring official judgment, and there was a genuine issue of material fact whether R.C. 2744.03(A)(5) revived governmental immunity.
In this case plaintiff struck two potholes, lost control of his motorcycle, and suffered a compound fracture in his leg. An eyewitness testified the potholes on the road had been in existence for several weeks to a month, and that the potholes were severe enough to require him to swerve his vehicle to avoid them or possibly suffer damage to his tires.
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.