In a closely-watched decision, the Supreme Court of Ohio has ruled that Summit County may be liable for damage to a woman's home caused by the collapse of a nearby county road. The 4-3 ruling overturns an earlier decision by the Ninth District Court of Appeals that granted immunity to the county, stating that the exception to the immunity of political subdivisions when a roadway is not maintained applies only to motorists or users of a roadway who are injured by a roadway condition.
"Contrary to the trial court’s judgment, R.C. 2744.02(B)(3) contains no limitation restricting the ‘class of persons’ injured or suffering loss to property to ‘motorist[s] or user[s] of the roadway,’" Justice Jennifer Brunner wrote for the majority. This ruling paves the way for Roberta Schlegel, whose home was severely damaged in 2017 following roadway damage and resultant flooding, to potentially seek reparations for her losses, including cleanup costs and significant property damage, as Couty News Ohio cited.
Chief Justice Sharon L. Kennedy offered a dissenting opinion, suggesting that the law does not consider culverts part of the ‘public road,’ so the county should not be responsible for the resulting damage away from the roadside, according to court documents. Justices R. Patrick DeWine and Joseph T. Deters sided with her in dissent. Despite this perspective, the majority’s interpretation stands, and the case is set to return to the trial court to consider additional defenses that may restore the county's immunity.
The origin of the legal battle began when Schlegel's property in Sagamore Hills was flooded due to a sinkhole in the road that blocked stormwater drainage during heavy rains. While the trial court and the Ninth District Court of Appeals previously sided with Summit County's claim of immunity, the latest judgment by the state's highest court recognizes that the statute governing such cases does not solely extend protections to roadway users. Justice Brunner, detailed by Court News Ohio, stated, "Because this statutory language is plain and unambiguous and conveys a clear and definite meaning, this ends and settles the legal analysis." The case continues to draw attention, as it may influence how infrastructure maintenance liabilities are apportioned between citizens and political subdivisions in Ohio.
This ruling underscores an ongoing legal debate around the scope of governmental responsibility and the precise interpretation of statutes related to public roadway upkeep and related property damage. Schlegel initially filed her complaint against the county in October 2018, citing negligence in maintaining a culvert that led to her financial loss of over $6,636.56 for cleanup. She was quoted $52,503.42 for further repairs. This case is identified as 2023-1232. Schlegel v. Summit Cty. It now awaits further proceedings in light of the Supreme Court's decision.
