Carney v. McAfee

The gravamen of this case is whether a municipality can be held liable under R.C. 723.01 for damages resulting from an automobile accident on a bridge located on a state highway within the municipality, where the bridge was designed and constructed by the state and the state is responsible for maintaining and inspecting the structure.

All of appellees’ claims against appellant were premised on alleged violations of R.C. 723.01. Thus, if appellant owed a duty to appellees, which would be a prerequisite to liability, it would be a duty that arises under R.C. 723.01. This statute, as it read at…