DITMYER v. BD. OF COUNTY COMMRS.

No. 80-125.

64 Ohio St. 2d 146 (1980)

DITMYER, APPELLEE, ET AL., v. BOARD OF COUNTY COMMISSIONERS OF LUCAS COUNTY, APPELLANT.

Supreme Court of Ohio.

Decided December 17, 1980.


Attorney(s) appearing for the Case

Messrs. DeLibera, Lyons, Koblentz & Scott, Mr. Paul O. Scott, Messrs. Evans & St. Clair and Mr. Robert B. St. Clair, for appellee.

Mr. Anthony G. Pizza, prosecuting attorney, Mr. David J. Simko and Mr. Paul Goldberg, for appellant.


LOCHER, J.

Appellant, in its first proposition of law, asserts, in essence, that snow removal does not come within the purview of R. C. 305.12, which states that the board of county commissioners "shall be liable, in its official capacity, for damages received by reason of its negligence or carelessness in not keeping any * * * road or bridge in proper repair * * *." (Emphasis added.)

This court holds that R. C. 305.12, which is a statutory abrogation...

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