Koncsol v. City of Niles

Christley, Judge.

This is an accelerated calendar appeal from the Trumbull County Court of Common Pleas wherein the judge granted defendant-appellee’s motion to dismiss pursuant to R.C. 2744.02. ■

On or about April 3, 1990, Tracy and DeWayne Koncsol, appellants, were driving their car on North Main Street, a two-lane public street in Niles, Ohio, when an accident occurred. Appellants filed a complaint on February 28, 1994. Count 1 alleged that Tracy’s injury was due to the negligence of the city of Niles, appellee, in failing to keep Main Street open, in good repair, and free of nuisance due to…