User Tag List

+ Reply to Thread
Results 1 to 5 of 5

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

  1. #1

    tPF Moderator
    Points: 53,527, Level: 56
    Level completed: 52%, Points required for next Level: 923
    Overall activity: 46.0%
    Achievements:
    Recommendation Second ClassSocial50000 Experience PointsTagger First Class1 year registered
    DGUtley's Avatar tPF Moderator
    Karma
    165759
    Join Date
    Jul 2016
    Location
    Northeast Ohio
    Posts
    13,483
    Points
    53,527
    Level
    56
    Thanks Given
    5,001
    Thanked 11,021x in 6,340 Posts
    Mentioned
    400 Post(s)
    Tagged
    0 Thread(s)

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

    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:


    sign-obscured-440.jpg


    staten_island_obscured_stop_sign_0820.jpg
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

  2. The Following User Says Thank You to DGUtley For This Useful Post:

    stjames1_53 (06-13-2018)

  3. #2

    tPF Moderator
    Points: 285,198, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 56.0%
    Achievements:
    SocialVeteran50000 Experience PointsOverdrive
    Common's Avatar tPF Moderator
    Karma
    326880
    Join Date
    Feb 2013
    Posts
    50,438
    Points
    285,198
    Level
    100
    Thanks Given
    2,545
    Thanked 6,082x in 3,783 Posts
    Mentioned
    143 Post(s)
    Tagged
    0 Thread(s)
    So when foliage thats near a crossroad and drivers cant see left or right before pulling out is not the responsibility of the town.
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.

    GROUCHO MARX,

  4. The Following User Says Thank You to Common For This Useful Post:

    stjames1_53 (06-13-2018)

  5. #3
    Points: 34,698, Level: 45
    Level completed: 50%, Points required for next Level: 752
    Overall activity: 22.0%
    Achievements:
    50000 Experience PointsVeteran
    Cletus's Avatar Senior Member
    Karma
    178498
    Join Date
    Jun 2015
    Posts
    15,499
    Points
    34,698
    Level
    45
    Thanks Given
    10
    Thanked 10,179x in 6,505 Posts
    Mentioned
    163 Post(s)
    Tagged
    0 Thread(s)
    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.
    Gentlemen and ladies, I hate inflation, I hate taxes, and I hate Communism. Do something about it.” Ronald Reagan's instructions to his first assembled Cabinet.

  6. The Following User Says Thank You to Cletus For This Useful Post:

    stjames1_53 (06-13-2018)

  7. #4

    tPF Moderator
    Points: 53,527, Level: 56
    Level completed: 52%, Points required for next Level: 923
    Overall activity: 46.0%
    Achievements:
    Recommendation Second ClassSocial50000 Experience PointsTagger First Class1 year registered
    DGUtley's Avatar tPF Moderator
    Karma
    165759
    Join Date
    Jul 2016
    Location
    Northeast Ohio
    Posts
    13,483
    Points
    53,527
    Level
    56
    Thanks Given
    5,001
    Thanked 11,021x in 6,340 Posts
    Mentioned
    400 Post(s)
    Tagged
    0 Thread(s)
    I suspect that we will get a legislative change....
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

  8. The Following User Says Thank You to DGUtley For This Useful Post:

    stjames1_53 (06-13-2018)

  9. #5
    Points: 53,429, Level: 56
    Level completed: 47%, Points required for next Level: 1,021
    Overall activity: 98.0%
    Achievements:
    Tagger First ClassSocial50000 Experience Points1 year registered
    stjames1_53's Avatar Senior Member
    Karma
    39026
    Join Date
    Apr 2016
    Posts
    19,457
    Points
    53,429
    Level
    56
    Thanks Given
    34,292
    Thanked 10,042x in 7,267 Posts
    Mentioned
    74 Post(s)
    Tagged
    0 Thread(s)
    but but the TREES........................
    For waltky: http://quakes.globalincidentmap.com/
    "The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
    - Thucydides

    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote" B. Franklin
    Igitur qui desiderat pacem, praeparet bellum

+ Reply to Thread

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts


Critical Acclaim
Single Sign On provided by vBSSO