Franks v. Lopez

Francis E. Sweeney, Sr., J.

Today we are again asked to interpret R.C. 2744.02(B)(3) to determine when a political subdivision may be liable for failing to keep its roadways “free from nuisance.” We are also asked to decide whether the county could be liable for its alleged failure to install a guardrail pursuant to R.C. 5591.36. For the reasons which follow, we decline to expand our definition of the term “nuisance” as found in R.C. 2744.02(B)(3) to embrace design and construction defects or the failure to erect signage or guardrails. However, we hold that questions of fact remain as to…