In the case Irwin v. Island Creek Twp., 2021-Ohio-3306, the Seventh District Court of Appeals held that the trial court erred in denying a township’s motion for summary judgment in an action involving the township’s alleged breach of duty to maintain its roads.
Here, a driver brought an action against the township after the driver sustained injuries after running into a dirt barrier which the township used to block one of its roads that had been washed out due to a storm. The driver argued that the township breached its duty to maintain the roads in a safe condition.
The township argued that the driver assumed the risk of driving an unlicensed vehicle illegally on a closed road and moved for summary judgment. The trial court denied the township’s motion for summary judgment, holding that the issue of whether the township closed the road properly was a question of fact for a jury. The Court of Appeals disagreed.
The Court of Appeals found that summary judgment for the township was proper here because the driver did not dispute that the road was properly closed. The Court further reasoned that the exception to political subdivision immunity did not apply here, and that the township was not negligent and took the necessary precautions to alert motorists that the road was closed.
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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.