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Personal Injury Case Study - Columbus Personal Injury Lawyer V. City of Columbus
Personal Injury Case Study - Columbus Personal Injury Lawyer V. City of Columbus
Crabtree v. City of Columbus Client was rendered quadriplegic in a bicycle-automobile collision allegedly due to the negligence of the City of Columbus in failing to repair potholes which prevented him from riding his bicycle as close to the right edge of the road as possible.
Columbus,
Ohio,
United States of America
(prbd.net)
21/12/2011
Columbus Ohio personal injury lawyer John M. Alton recently received a decision from the Franklin County Court of Appeals holding that his client Justin Crabtree is entitled to a jury trial regarding whether the City of Columbus was negligent in failing to repair potholes on Williams Road. Justin was rendered quadriplegic when while bicycling on Williams Road he was struck and injured by a vehicle driven by Andre Cook. The issue in the Court of Appeals was whether the City of Columbus is immune from any liability that would arise from road conditions at the site of the accident. The trial court granted summary judgment in favor of the city holding that the potholes in the road did not meet the requirements for the city to be liable under R. C. 2744.02(B)(3).
The Court of Appeals held that potholes and other surface conditions of roadways can give rise to liability of municipalities. It distinguished the case of Howard v. Miami Twp. Fire Div., 119 Ohio St. 3d 1 (2008), holding that potholes, overhanging vegetation or mud along a curb might constitute obstructions for bicyclists and that the failure to keep roads in repair refers to maintaining a road’s condition including the obligation to fix potholes and crumbling pavement.
Finally, the Court held there were genuine issues of material fact regarding whether there were potholes of sufficient size, depth and location to force a bicyclist dangerously into the center lane that prevented Crabtree from riding his bicycle as closely to the curb as possible that were also a contributing cause to the tragic accident.
About John Alton:
John has handled the conclusion of more than 1,000 lawsuits regarding significant personal injury or wrongful death arising from car or truck collisions, medical malpractice, construction accidents, unsafe premises or other forms of negligence. He has also resolved many legal malpractice claims. In addition, John has tried to conclusion business litigation matters involving breach of contract, breach of warranty, employment discrimination, unsafe premises and franchise disputes.
John Alton Personal Injury Lawyer, Personal Injury Attorney Of Columbus, Ohio
88 West Main Street
Columbus, Ohio 43215
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