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BROWN v. OHIO DEPT. OF TRANSP. — DIST. 8

No. 2008-09350-AD.

2009 Ohio 7105

Anthony L. Brown, Plaintiff, v. Ohio Department of Transportation — District 8 Defendant.

Court of Claims of Ohio.

Filed September 30, 2009.

MEMORANDUM DECISION

{¶ 1} From July 30 to August 2, 2008, employees of defendant, Department of Transportation (ODOT), repaired a culvert spanning State Route 72 in Greene County. This culvert betterment project was completed on August 2, 2008 with the placement of temporary cold patch material over the culvert repair in order to open the roadway to traffic. Defendant explained cold patch material was used to fill the culvert excavation "due to...

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