Haynes v. Franklin

[This decision has been published in Ohio Official Reports at 95 Ohio St.3d 344.] HAYNES ET AL., APPELLANTS, v. CITY OF FRANKLIN ET AL., APPELLEES. [Cite as Haynes v. Franklin,

2002-Ohio-2334.] Municipal corporations—Streets and highways—Nuisance—Political subdivision tort liability—Edge drop at the berm of a road—Two-pronged test used to determine whether a condition in the right-of-way of a road should be deemed a nuisance for purposes of R.C. 2744.02(B)(3). (Nos. 2000-2004 and 2000-2141—Submitted December 12, 2001—Decided May 29, 2002.) APPEAL from and CERTIFIED by the Court of Appeals for…