Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Municipal Court, Case No. 18TRD13235
Plaintiff-Appellee: J. MICHAEL KING City of Newark
Defendant-Appellant: RAYMOND DELEVIE
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon.
Patricia A. Delaney, J.
Appellant Raymond Delevie appeals from the November 6, 2018
Court Entry of the Licking County Municipal Court. Appellee
is the state of Ohio.
AND PROCEDURAL HISTORY
This case arose shortly before 12:19 p.m. on October 5, 2018,
in the eastbound traffic lanes of Interstate 70 in Bowling
Green Township, Licking County.
Close to where the crash occurred, eastbound traffic
consisted of three lanes. Near milepost 135, however, a
flashing billboard indicated the right lane was closed due to
construction. The right lane was closed at milepost 138,
reducing eastbound traffic to two lanes.
Also near milepost 135 was a permanent sign warning drivers
that the left lane ended in three-quarters of a mile. A
second sign states the left lane ends and drivers must merge
to the right.
Due to the right-lane closure and the left-lane termination,
eastbound traffic was reduced to a single lane of travel: the
At the time of these events, traffic was heavy and moving
slowly due to the right-lane closure. Eric Stone was
operating his tractor-trailer "semi" eastbound, in
the center lane. Near the point where the left lane ends, the
roadway has a significant grade. Although Stone was only
traveling about 10 miles per hour, he was accelerating to get
the semi up the incline.
As the left lane was about to terminate, Stone observed a car
to his left, in the terminating left lane. The driver,
appellant, ran out of room in the left lane and entered
Stone's lane of travel. The passenger-side mirror of
appellant's car struck a side signal light located at the
middle of the trailer.
Stone and appellant each drove on to a rest stop about four
miles away before stopping and contacted the Ohio State
Trooper Sawyers was dispatched and investigated the crash.
Stone said he had a dash camera, but the video was not
working that day. Both drivers answered Sawyers'
questions and completed written ...