OHSC -- No duty to trim foliage that obstructs stop sign

[DGUtley]

Congratulations to Kurt Anderson of Collins, Roche, Utley & Garner (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.

http://www.supremecourt.ohio.gov/rod...-Ohio-2121.pdf

These are examples from google, not from the case:


Attachment 23675


Attachment 23676

[Common]

So when foliage thats near a crossroad and drivers cant see left or right before pulling out is not the responsibility of the town.

[Cletus]

Yet motorists will be held liable if they run that stop sign they can't see.

I think the Court had its head up its fourth point of contact on this.

[DGUtley]

I suspect that we will get a legislative change....

[stjames1_53]

but but the TREES........................