In the case of Tomlin v. City of Akron, 2021-Ohio-819, the Ohio Ninth District Court of Appeals held that dismissal of Tomlin’s case was an error because the trial court used an outdated version of the Ohio manual of uniform traffic control devices in their analysis.
The trial court granted the city immunity from the accident based upon the 2005 version of the Ohio manual of uniform traffic control devices because it was not mandatory for Akron to install a stop sign at the intersection.
The Court of Appeals found that because the accident took place in 2015 under the new manual, the case should be found in favor of the individual based upon the manual’s mandate to install a stop sign at the intersection.
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.