SARKIES v. STATE

No. 78-1100.

58 Ohio St. 2d 166 (1979)

SARKIES, APPELLEE, v. STATE OF OHIO, DEPT. OF TRANSPORTATION, APPELLANT.

Supreme Court of Ohio.

Decided May 16, 1979.


Attorney(s) appearing for the Case

Messrs. Letson, Griffith, Kightlinger & Woodal, and Mr. Edward L. Lavelle, for appellee.

Mr. William J. Brown, attorney general, Mr. Donald J. Guittar, Mr. Vincent P. Korey and Mr. Michael K. Nunner, for appellant.


PAUL W. BROWN, J.

The threshold issue before this court is whether the instant cause should have been dismissed by the trial court, upon appellant's motion, for lack of jurisdiction over the subject matter by virtue of R. C. 5501.22.

This statute provides, in relevant part, as follows:

"The director of transportation shall not be suable, either as a sole defendant or jointly with other defendants, in any court outside Franklin County except in actions...

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