Cunningham v. Ohio Dept. of Transp., 08ap-330 (12-30-2008)

OPINION

{¶ 1} Plaintiff-appellant, Jeffrey Cunningham, Administrator of the Estate of Amanda Cunningham ("appellant"), appeals from the judgment of the Court of Claims of Ohio in favor of defendant-appellee, the Ohio Department of Transportation ("ODOT"). Appellant also appeals the denial of his motion for a new trial and for relief from judgment.

{¶ 2} This action arises out of a fatal car accident that occurred on May 3, 2003, at approximately 4 p.m., at the intersection of Ohio State Route 172 ("SR 172"), and Alabama Avenue, in Stark County, Ohio. On this date, 18-year-old Sarah Allender was…