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OBRACAY v. OHIO DEPT. OF TRANSP., D-12

No. 2009-05081-AD.

2009 Ohio 7095

Daniel Obracay, Plaintiff, v. Ohio Department of Transportation, D-12, Defendant.

Court of Claims of Ohio.

Filed September 23, 2009.

MEMORANDUM DECISION

{¶ 1} On April 30, 2009, at approximately 4:50 p.m., plaintiff, Daniel Obracay, was traveling north on Interstate 271 through a construction zone near milemarker 35, when his 2006 BMW 525XI struck a pothole causing tire damage to the vehicle. Plaintiff pointed out the particular roadway pavement where the pothole was located "had been roughed up" (milled) in preparation for repaving. Plaintiff implied the damage to his car was...

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