Highway Maintenance Response Time Standards

(ODOT) to have been aware of the pothole and taken measures to initiate repairs."Another claim arose from a Dec. 16, 2002 accident on Ohio Route 127 in Butler County when a car struck a potholeand sustained $583 worth of tire and rim damage. ODOT denied liability, noting the pothole had been repaired onDec. 10. The Court of Claims said there was no evidence that ODOT had constructive notice of the damage-causingpothole. "However, plaintiff has proven (ODOT) negligently maintained the roadway by inadequately patching aroadway defect whereby the patch failed in less than one week," the court said, ordering ODOT pay the vehiclerepair bill.The largest claim of $2,371 was awarded to a motorist who was driving on Ohio Route 247 in Adams County onAug. 2, 2002 when a limb from a tree planted adjacent to the roadway fell on the car, causing extensive damage. Thedriver noticed a second tree already had been chopped down, and that the one from which the limb fell was "dryrotted about halfway up and the top was green."ODOT denied liability, contending the falling tree limb was the result of an "Act of God" due to rain storms in thearea. The Court of Claims disagreed, saying evidence shows ODOT either knew or should have known throughinspections the dead tree constituted a hazardous condition. "The court concludes (ODOT's) negligence in failing toexercise ordinary care in respect to a dangerous condition along the roadway caused plaintiffs' damage," the decisionsaid.Civil actions against state agencies of $2,500 or less are determined administratively by the clerk of the Court ofClaims, subject to judicial review at the request of either party. Decisions in such cases are not subject to appeal.ODOT maintains a damage incident report form on its Web site along with a link to the Court of Claims. Thedepartment said there were 307 claims filed in 2001 of which 128 were settled, and 306 in 2002 of which 121 weresettled. Through May 22, 2003, the agency has paid $78,768 for claims under $2,500.The Court of Claims Section consists of the Court of Claims Coordinator and Administrative Assistant. ApplicablePolicies, Directives & Work Rules can be accessed on the Court of Claimsweb-page.Available online:http://intranet.dot.state.oh.us/ChiefLegal/chief%20legal/court_of_claims_section.htm