Wilkes v. Ohio Dept. of Transp.

Citations

• 2024 Ohio 558

Syllabus

Wrongful death construction negligence discretionary immunity. Plaintiff's son died when a bag of sand from a construction site was thrown over an overpass. The court found that defendant was not immune from liability because it did not consider putting vandal fencing around the construction area. Further, the court found that the criminal activity of a third party, not defendant's negligence, was the proximate cause of the decedent's death. Therefore, judgment was entered in favor of defendant.