Justus v. Lakewood

Citations

• 2025 Ohio 745

Syllabus

Political-subdivision immunity; summary judgment; R.C. 2744.02(B)(3); exception; negligent failure; public roads; in repair; repair; depression; de minimis; hazardous condition; duty; knowledge; actual notice; constructive notice; reasonable apprehension; lack of evidence. Reversed the decision of the trial court that denied summary judgment to the city on the basis of political-subdivision immunity. The exception to political-subdivision immunity under R.C. 2744.02(B)(3), for the negligent failure to keep public roads in repair, could not be found to apply in the matter. The plaintiff could not establish from the evidence that the city had a duty to repair the subject depression in the road where her scooter-accident occurred. Even if she could, there was nothing to show that the city actively created the condition or that it had actual or constructive notice of the condition or that it should have anticipated that the depression posed a hazard or potential danger.