Risner v. Ohio Dept. of Transp. (Slip Opinion)

*56Lanzinger, J.

{¶ 1} In this case, we are asked to determine whether the Ohio Department of Transportation (“ODOT”) may be subject to liability arising from its decisions on improving public highways.1 We hold that ODOT is immune from liability with respect to its decisions whether to improve an existing highway, which portions of the highway to improve, and what type of improvements to make. In executing its decisions to improve a highway, however, ODOT has a duty to ensure that it acts in accordance with current construction standards, and it may be subject to liability when it fails to meet…