GARLAND v. OHIO DEPT. OF TRANSP.

No. 88-1556.

48 Ohio St. 3d 10 (1990)

GARLAND [ADMINISTRATRIX OF THE ESTATE OF GARLAND, DECEASED], APPELLEE, v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLANT.

Supreme Court of Ohio.

Decided January 3, 1990.


Attorney(s) appearing for the Case

Lee I. Turner and Laurence J. Powers, for appellee.

Anthony J. Celebrezze, Jr., attorney general, David C. Calderhead, Donald J. Guittar and Simon B. Karas, for appellant.


WRIGHT, J.

This case raises the question of whether the state is entitled to a reasonable time frame in which to implement a purely discretionary decision regarding traffic control. The court of appeals held that ODOT's June 9, 1981 decision to install a six-phase traffic signal with protection for left turns was not a discretionary and planning function, and that ODOT's immunity from tort liability therefore ceased with the initial determination in 1979 that a traffic...

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