Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Diana J. Nafziger v. Ohio Turnpike Commission

July 21, 2011

DIANA J. NAFZIGER,
PLAINTIFF,
v.
OHIO TURNPIKE COMMISSION, DEFENDANT.



Cite as

Nafziger v. Ohio Turnpike Comm.,

The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

Acting Clerk Daniel R. Borchert

ENTRY OF DISMISSAL

{¶1} On May 3, 2011, plaintiff, Diana Nafziger, filed a complaint against the Ohio Turnpike Commission. Plaintiff asserts while traveling on the turnpike near mile marker 95, she was directed off the traveled portion of the roadway onto the berm by four turnpike workers. While traveling on the berm as directed she struck metal debris resulting in a flat tire. Plaintiff seeks damages in the amount of $136.07 for the repair and related expenses. Plaintiff submitted the filing fee with her complaint.

{¶2} On May 9, 2011, defendant filed a motion to dismiss pursuant to Civ.R. 12(B)(1), lack of subject matter jurisdiction. In support of the motion to dismiss, defendant stated in pertinent part:

{¶3} "The court of claims is a court of limited jurisdiction which is empowered by Ohio Revised Code Chapter 2743, also known as the Court of Claims Act . . .

{¶4} "It is significant to note that the Commission is governed by Chapter 5537 of the Ohio Revised Code, which is also known as the Ohio Turnpike Act. The Ohio Turnpike Act was adopted by the General Assembly effective September 1, 1949. It precedes the effective date of the Court of Claims Act, January 1, 1975, by more than 25 years.

{¶5} "Therefore, it is axiomatic that the Ohio Turnpike Commission may sue or be sued pursuant to the express provisions of the Ohio Turnpike Act only, and that the Court of Claims lacks subject matter jurisdiction to hear and allow this case to proceed toward merit resolution."

{¶6} Plaintiff has not responded to defendant's motion to dismiss.

{¶7} R.C. 2743.02(A)(1) in pertinent part states:

{¶8} "The State hereby waives its immunity from liability and consents to be sued, have its liability determined, in the court of claims created in this chapter in accordance with the same rules of law applicable to suits between private parties, except that the determination of liability is subject to the limitations set forth in this chapter, and, in the case of state universities or colleges, in §3345.40 of the Revised Code, and except as provided in division (A)(2) of this section. To the extent the state has previously consented to be sued, this chapter has no applicability."

{¶9} R.C. 5537.04(A)(4) in pertinent part states:

{ΒΆ10} "(A) The Ohio Turnpike Commission may do any ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.