Crabtree v. Cook, 964 N.E.2d 473

Plaintiffs-appellants Crabtree appeal a summary judgment in favor of defendant-appellee City of Columbus.
Justin Crabtree, bicyclist, suffered severe injuries and became a quadriplegic when struck by a car driven by Andre L. Cook; Cook is no longer a party.
The sole liability issue on appeal is whether Columbus is statutorily immune regarding road conditions at the accident site.
The trial court granted summary judgment based on immunity under R.C. 2744.02(B)(3), focusing on whether conditions constituted obstructions or nuisances under the statute.
Appellants argued the city could be liable under R.C. 723.01 and the 2744.02(B)(3) framework, potentially as concurrent tortfeasor per Harris, but the trial court did not address proximate causation or rider-motorist duties.
The appellate court conducted de novo review, reversed, and remanded for further proceedings; concurrence notes partial agreement and partial disagreement with the majority.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether R.C. 2744.02(B)(3) immunizes the city from liability for road conditions.	Crabtree argues potholes/brush/obstructions may be actionable.	Columbus contends conditions are not obstructions under the statute.	Not entitled to immunity at this stage; genuine issues remain.
Whether potholes and similar surface conditions can be obstructions under Howard for municipal liability.	Potholes, mud, and vegetation may constitute obstructions.	Obstructions under the statute are narrower and must block the roadway.	Questions of existence and effect of obstructions remain for trial.
Whether overhanging vegetation and berm brush can defeat immunity.	Vegetation/brush may obstruct bicycle passage and infrastructure.	berms/shoulders are excluded from 'public roads' and immunity analysis may not apply.	Remand warranted; issues to be evaluated in light of statutory scope.
Whether the case should be remanded to address negligent repair obligations separate from obstruction analysis.	City may be liable for negligent failure to keep roads in repair.	Immunity remains applicable; not liable for such claims.	Remand to permit consideration of negligent road repair under the first prong of 2744.02(B)(3).

Colbert v. Cleveland, 99 Ohio St.3d 215 (2003-Ohio-3319) (three-tier immunity analysis for political subdivisions)
Howard v. Miami Twp. Fire Div., 119 Ohio St.3d 1 (2008-Ohio-2792) (obstruction must block or clog roadway, not merely impede use)
Cater v. Cleveland, 83 Ohio St.3d 24 (1998) (potholes and nuisances discussed under prior statute)
Bonace v. Springfield Twp., 179 Ohio App.3d 736 (2008-Ohio-6364) (independently considers negligent failure to repair under 2744.02(B)(3))