In the case of Baker v. Wayne Cty., 2015-Ohio-1566, the Ohio Supreme Court found that the edge drop at the limit of a paved road is part of the berm or shoulder and not a part of the public road for purposes of the public road exception to political subdivision immunity.
The Baker case involved the resurfacing of a portion of a county road. The additional layer of asphalt created a four-and-one-half inch drop from the edge of the pavement to the berm. This extended edge resulted in an accident when plaintiff’s tires drifted off the side of the road causing her to overcorrect and crash the vehicle.
The Ohio Supreme Court determined that the edge drop was not a part of the public road for purposes of the public road exception to political subdivision immunity and, therefore, the county could not be sued.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel