Nadrowski v. Cleveland, 2022 Ohio 3232

May 2018: Nadrowski fell while crossing E. 36th Street after leaving a flea market; she was in a dense crowd and could not see the street ahead.
She testified her feet struck an uneven portion of the street (near a fire hydrant/orange pipes) with a difference in elevation of two inches or more; she did not photograph the area until October 2018.
Nadrowski sued the City of Cleveland (filed May 2020), alleging negligence for failure to maintain the public roadway.
The City asserted statutory political-subdivision immunity under R.C. Chapter 2744 and moved for summary judgment.
City records show crews inspected E. 36th Street 10 days before the accident and no complaints were recorded; City supervisor testified a two-inch elevation would have been ramped if present then.
Trial court granted summary judgment for the City, concluding the R.C. 2744.02(B)(3) exception (failure to keep public roads in repair / remove obstructions) did not apply; appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a >2-inch elevation on a public road constitutes a defect "in repair" under R.C. 2744.02(B)(3)	Two-inch (or greater) elevation is a lack of repair making City liable	Two-inch rule applies to sidewalks/walkways, not public roadways; a 2" difference does not make the road "in disrepair"	Two-inch rule inapplicable to road; 2" difference alone did not trigger the §2744.02(B)(3) exception; immunity stands
Whether City had actual or constructive notice of the defect	Photos and attendant circumstances (crowd) establish a substantial defect and notice	Plaintiff cannot identify exact fall location; photos taken months later; City inspected the area days before and had no notice or complaints	No evidence of actual or constructive notice; genuine issue of material fact not shown; City entitled to summary judgment

Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 671 N.E.2d 241 (summary judgment standard; de novo review)
Smith v. McBride, 130 Ohio St.3d 51, 955 N.E.2d 954 (three-step political-subdivision immunity framework)
Colbert v. Cleveland, 99 Ohio St.3d 215, 790 N.E.2d 781 (analysis of immunity exceptions)
Lambert v. Clancy, 125 Ohio St.3d 231, 927 N.E.2d 585 (political-subdivision immunity principles)
Howard v. Miami Twp. Fire Div., 119 Ohio St.3d 1, 891 N.E.2d 311 (definition of "obstruction" for roads)
Cash v. Cincinnati, 66 Ohio St.2d 319, 421 N.E.2d 1275 (two-inch rule for sidewalks/walkways)
Cleveland v. Amato, 123 Ohio St. 575, 176 N.E. 227 (municipal liability tied to actual or constructive notice)
Bradshaw v. New Village Corp., 95 N.E.3d 446 (statutory amendment consequences; sidewalks removed from §2744.02(B)(3) exceptions)