OACTA Amicus Win: Pelletier v. Campbell, Slip Opinion No. 2018-Ohio-2121
Congratulations to Kurt Anderson of Collins, Roche, Utley & Garner (OACTA Amicus counsel) and Greg Beck of Baker, Dublikar, Beck, Wiley & Matthews (counsel for City of Campbell) for their success in the Ohio Supreme Court. The Court determined that the City of Campbell had no duty to remove foliage that may have obstructed a stop sign, but did not originate from the stop sign.
The Court applied R.C. 2744.02(B)(3) and determined, whether a stop sign is “in repair” depends on its physical condition, not whether it no longer serves its purpose due to an extraneous factor. The duty to “remove obstructions from public roads” applies only to obstructions that originate on the public road and does not apply to conditions that are only near or in the vicinity of public roads.
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