Todd v. Cleveland
2013 Ohio 101
Ohio Ct. App.2013Background
- Tammy Todd was driving in Cleveland, hit a pothole, lost control, and struck a utility pole.
- Todd sued the City of Cleveland for negligently maintaining the road and causing her injuries.
- The City moved for summary judgment arguing immunity under R.C. 2744.02(A)(1) and open-and-obvious danger.
- The trial court denied summary judgment, finding genuine issues of material fact.
- The City appealed on three assignments of error related to obstruction, notice, and open-and-obviousness.
- The appellate court affirmed the denial of summary judgment on the obstruction/notice issues but lacked jurisdiction to review open-and-obvious issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the pothole an obstruction under R.C. 2744.02(B)(3) | Todd argues pothole can be an obstruction; city owes duty when road not kept in repair. | City contends pothole not an obstruction, so 2744.02(B)(3) immunity applies. | No merit; pothole can be within 'in repair' and separate from obstruction. |
| Did the city have actual or constructive notice prior to the accident | Todd shows constructive notice via long-standing deteriorating conditions and nearby city activities. | City had no actual or constructive notice; no duty to repair. | Genuine issues of material fact on constructive notice preclude summary judgment. |
| Was the hazard open and obvious | Todd testified she saw the pothole but lacked depth/size information to assess risk. | Open-and-obvious doctrine bars recovery as a matter of law. | Court lacked jurisdiction to review open-and-obvious issue on appeal from denial of immunity. |
Key Cases Cited
- Hubbard v. Canton City Bd. of Edn., 97 Ohio St.3d 451 (2002-Ohio-6718) (three-tier immunity analysis for political subdivisions)
- Heckert v. Patrick, 15 Ohio St.3d 402 (1984) ("in repair" duty tied to deterioration of roads)
- Gomez v. Cleveland, 2012-Ohio-1642 (8th Dist.) (constructive notice and road deterioration evidence in open-records context)
- Beebe v. Toledo, 168 Ohio St. 203, 151 N.E.2d 738 (1958) (constructive notice concept for municipal liability)
- Cleveland v. Amato, 176 N.E.2d 227 (1931) (general notice-based liability for municipal road defects)