Balbach v. Ohio Department of Transportation

Radcliffe, Judge.

Plaintiff-appellant (“plaintiff”) appeals a final judgment rendered by the Ohio Court of Claims in favor of defendant-appellee, Ohio Department of Transportation (“ODOT”), on plaintiff’s complaint alleging negligence.

Plaintiff, S. Byron Balbach, Jr., is the administrator of the estate of Carol Jean Elder and the estates of her two children, Rusty Dean Elder and Lonnie Dwayne Elder. Plaintiffs decedents were killed around 10:00 p.m. on the night of September 28, 1984, while traveling in a westerly direction on Interstate 70 in Clark County, Ohio. The Elders were passengers in…