Zavinski v. Ohio Dept. of Transp.

Citations

• 2019 Ohio 1735

Syllabus

Competent, credible evidence supported the Court of Claims' finding that the Ohio Department of Transportation breached its duty to maintain its roads in a reasonably safe condition and that this breach caused the decedent's death. The Court of Claims' equal allocation of proximate causation between ODOT and the negligent driver was also supported by the record. The Court of Claims did not abuse its discretion in admitting into evidence testimony regarding testing on the roadway at issue, and the non-economic damages it awarded was not manifestly excessive. However, the Court of Claims erred in reducing ODOT's damages liability by loss attributable to the negligent driver. Judgment affirmed in part and reversed in part cause remanded.