Treese v. City of Delaware

Whiteside, Presiding Judge.

Defendant/third-party plaintiff-appellant, city of Delaware, appeals from a judgment of the Ohio Court of Claims and raises the following three assignments of error:

“1. The Court of Claims erred in finding that since the guardrail in question was built before the passage of the Court of Claims Act, the court had no jurisdiction.”

“2. The Court of Claims erred in finding that the Ohio Department of Transportation was immune from liability for failing to upgrade the guardrail system at the 42/23 overpass.”

“3. The Court of Claims erred in sustaining the summary judgment…