A homeowner in Ohio may hold a county responsible for damages to her property following the collapse of a road, as ruled by the Supreme Court of Ohio. The court decided in a 4-3 ruling that state law does not restrict political subdivisions' liability for failing to maintain roads or remove obstructions based on whose property is damaged. This decision overturns a previous ruling by the Ninth District Court of Appeals, which had found Summit County immune from liability for damage to Roberta Schlegel's home.
Justice Jennifer Brunner, writing for the majority, stated that "political subdivisions are liable for … loss to … property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads." She emphasized that this law is not limited to losses incurred by users of a roadway.
Chief Justice Sharon L. Kennedy dissented, arguing that the culvert under the road is not part of a public road as defined by state law. Therefore, she concluded that the county should be immune from liability since the damage was not due to negligence in maintaining the road itself.
The case originated when Schlegel filed a complaint against Summit County in October 2018 after her property flooded during rains in May 2017. She alleged that negligence in maintaining a culvert led to a sinkhole and subsequent flooding. The trial court initially sided with Summit County's claim of immunity, but Schlegel appealed up to the Supreme Court.
The Supreme Court examined statutory language and determined there was no limitation on who could suffer losses due to poor road maintenance. Justice Brunner noted that further factual questions remain about whether negligence directly resulted in Schlegel's property damage and whether any defenses might restore county immunity.
The dissenting opinion maintained that because culverts are not considered part of "public roads," they do not trigger exceptions to political-subdivision immunity under current definitions.
The case will return to trial court for further proceedings regarding these issues.