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BURNS v. OHIO DEPT. OF TRANSP.

No. 87AP-62.

39 Ohio App. 3d 126 (1987)

BURNS, EXRX., ET AL., APPELLANTS, v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided September 15, 1987.

Attorney(s) appearing for the Case

John A. Miller & Assoc., John A. Miller, Robert J. Campbell and Robert W. Quirk, for appellants Edith Burns, executrix of the estate of George T. Gibson, a.k.a. George T. McLeod, et al.

Anthony J. Celebrezze, Jr., attorney general, and Mark T. D'Alessandro, for appellee.

BRYANT, J.

Plaintiff-appellant, Edith Burns, executrix, appeals from a judgment for defendant-appellee, Ohio Department of Transportation ("ODOT"), following a trial in the Ohio Court of Claims.

On September 2, 1982, plaintiff's decedents were traveling a portion of State Route 7 in Columbiana County, Ohio, at milepost 5.3. While State Route 7 is, and was at that time, a four-lane highway, it was originally constructed in the 1920s as a two-lane highway. In...

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