A Summit County homeowner's property flooded multiple times in May 2017, leading her to sue the county for damages. The homeowner, Roberta Schlegel, alleged that the flooding was caused by a sinkhole in a nearby public road that blocked a culvert, preventing proper drainage. Schlegel argued that the county's failure to maintain the road made it responsible for the damage.
Schlegel reported spending $6,636 on cleanup and sanitization services and estimated $52,503 for repairs to her residence. Additional damages included destroyed personal property and lost use of her basement.
The Summit County Common Pleas Court ruled that Schlegel was not using the road or injured by a road condition and concluded that the county had immunity from responsibility for her property's damage. The Ninth District Court of Appeals upheld this decision, stating that the county is responsible for maintaining road safety but not nearby properties. The Supreme Court of Ohio has agreed to hear Schlegel’s appeal.
Schlegel contends that when the sinkhole formed, Summit County workers initially placed an orange construction barrel over it on the road. After her basement first flooded in May 2017, she reported to the county that debris from the sinkhole was obstructing a culvert under the road. Workers later removed debris and placed a metal plate over the sinkhole; however, her property flooded two more times before further repairs were made at the end of May.
Schlegel argues that government entities are liable for injury or loss caused by their negligent failure to keep public roads in repair or remove obstructions from them. She asserts that if proper maintenance had been conducted before or immediately after the sinkhole appeared, her property would not have been damaged.
Summit County responded by claiming experts determined Schlegel's flooding issues were due to an inadequate drainage system around her house. The county also noted plans initiated in 2016 to replace culverts near Schlegel’s property with larger-diameter pipes, which were completed in July 2017. Additionally, they argue that a culvert is not part of a road’s traveled surface but more akin to berms or shoulders excluded from state law definitions of “public roads.”
The county cited previous court decisions suggesting government immunity applies only when individuals traveling on roads suffer injury due to negligence.
The Supreme Court will hear oral arguments next week, including State v. Schlegel on July 10 at 9 a.m., streamed live online at SupremeCourt.Ohio.gov and on the Ohio Channel.