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NICE v. OHIO DEPT. OF TRANSP.

No. 2001-11561.

123 Ohio Misc.2d 14 (2003)

2003-Ohio-1778

NICE et al. v. OHIO DEPARTMENT OF TRANSPORTATION.

Court of Claims of Ohio.

Decided March 26, 2003.

Attorney(s) appearing for the Case

William A. Davis and James A. Stern, for plaintiffs.

Jim Petro, Attorney General, and Patrick J. Piccininni, Assistant Attorney General, for defendant.

J. WARREN BETTIS, Judge.

{¶ 1} Plaintiff, Mark L. Nice, filed this action alleging negligence on the part of defendant, Ohio Department of Transportation ("ODOT"), in failing to adequately warn motorists of the presence of a fallen tree that was blocking the roadway. Plaintiff's truck collided with the tree, causing personal injury to plaintiff as well as property damage.1 ODOT denied liability and asserted that plaintiff's failure...

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