Summer v. Ohio Dept. of Transp.
2016 Ohio 797
Ohio Ct. Cl.2016Background
- Plaintiff Steven Summers sued the Ohio Department of Rehabilitation and Correction (ODRC) after a cow owned by MCIF was on a public road, causing a total loss to his 2004 Toyota Sienna.
- The incident occurred on May 2, 2015, on U.S. Route 23 near MCIF in Marion, Ohio, and Summers alleges ODRC failed to contain the cow.
- Summers seeks damages of $250 (vehicle deductible) and $25 (filing fee reimbursed with the complaint).
- A Traffic Crash Report by the Ohio State Highway Patrol supported Summers’ allegations; ODRC admitted liability and damages in its investigation report.
- Court determined the vehicle’s damages are governed by the value before the accident, with adjustments for salvage, and reduced recoveries by available insurance proceeds as per statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to control livestock on state roads | Summer asserts owner liability for allowing cattle to run loose. | ODRC would be responsible only for provable negligence under foreseeability principles. | Owners must prevent animals from running loose on state roads; liability for damages follows negligence. |
| Measure of damages when vehicle destroyed | Full value of vehicle prior to destruction should be recoverable. | Damages framed by established case law and statutory limits; recovery is limited by the salvage value and other factors. | Damages equal the full value of the vehicle prior to destruction, less salvage value. |
| Inclusion of filing fee and deductible in damages | Filing fee and deductible are compensable damages. | Damages must align with recognized authorities; correspondent rules apply. | Plaintiff awarded $275 total, including $250 deductible and $25 filing fee, as compensable damages. |
| Effect of insurance/other collateral recoveries on recovery | N/A | RC 2743.02(D) reduces recoveries by insurance proceeds and other collateral recoveries. | Damages are subject to reduction by any insurance or collateral recoveries under RC 2743.02(D). |
| Authority supporting damages in Bailey v. ODRC | Bailey allows recovery of certain costs as damages. | N/A | Bailey v. ODRC supports compensable filing fee as damages. |
Key Cases Cited
- Hayes Freight Lines, Inc. v. Tarver, 148 Ohio St. 82 (Ohio 1947) (full value rule for destroyed vehicle)
- Marsh v. Koons, 78 Ohio St. 68 (Ohio 1908) (negligence and foreseeability in animal-caused damages)
- Falter v. Toledo, 169 Ohio St. 238 (Ohio 1959) (measure of damages for personal property lost in accident)
- Bailey v. Ohio Department of Rehabilitation and Correction, 62 Ohio Misc. 2d 19 (Ct. of Cl. 1990) (filing fee recoverable as damages)