Notable pothole damage claims in the Miami Valley

Ohioans who feel their vehicle has been damaged because of potholes on Ohio Department of Transportation-maintained roadways can file claims for reimbursement in the Ohio Court of Claims. Dozens of Miami Valley residents have tried this route in the past several years.

To receive payment, filers must prove:

• The vehicle was damaged after coming into contact with a dangerous condition on a road maintained by ODOT.
• That ODOT knew or should have known about the problem.
• That ODOT failed to repair or remedy the problem.

Here are some notable examples of Miami Valley claims and reasons why the court granted or denied the claim:

>> FILING A CLAIM: Ohio Court of Claims forms and information

• Cindy Carter, Middletown

  Filed: April 3, 2014

  Asked for: $1,454.71

  Reason: Claimed she was driving south on Interstate 75 in the left-hand lane around mile marker 13 and hit a pothole that she couldn't avoid. Required tire and alignment repair.

  Result: The case was settled before a ruling by the court. Received $1,479.71.

• John Grace, Dayton

  Filed: Aug. 7, 2014

  Asked for: $971.69

  Reason: Claimed he was driving home from work and hit a pothole while turning from Route 4 onto Derby Road, which caused a "bomb-like sound" and damage to the exhaust system and tailpipe.

  Result: The court ruled that ODOT was not responsibile for maintenance of that section of road.

• Romayne Crider, Kettering

  Filed: May 16, 2014

  Asked for: $1,200

  Reason: Claimed multiple strikes of potholes during a six-month period "due to rough winter weather," including Interstate 75 North and South in Miami County crossing into Montgomery County. Attached bills incidating repairs for car front-end, tie rod and wheel alignment repairs.

  Result: The court asked for more details on the date and location of the damage-causing incident and later, after a response from Crider indicating the specific hole could not be found, dismissed the case because ODOT "cannot reasonably respond to plaintiff's complaint without clarification on the issue of location or date of the accident."

• Tracie Cole, Beavercreek

  Filed: June 30, 2014

  Asked for: $1,470.95

  Reason: Claimed she was driving on Interstate 675 North and struck a pot hole on a bridge that could not be avoided because the bridge had "a mess of" problems. Damages mentioned included tire replacement, alignment and rim repair.

  Result: The court denied the claim, in part because "a plaintiff must prove that sufficient time has passed after the dangerous condition first appears, so that under the circumstances the defendant should have gained knowledge of its existence. This the plaintiff has been unable to do."

• Terry Howland, Dayton

  Filed: Jan. 28, 2014

  Asked for: $891.25

  Reason: Claimed that while driving east on Interstate 70 just inside the Indiana border hit a hole in the right lane that "pulled the wheel out of my hand" and then struck another pothole. A four-day repair was required.

  Result: The court approved the claim, saying that ODOT had previously been notified of the potholes and "took no measures to warn drivers or re-route drivers around the damaged area while they were being repaired." Howland was awarded $916.25.

• Karen Gratz, Kettering

  Filed: Jan. 21, 2014

  Asked for: $871.230

  Reason: Claimed she was driving south on Interstate 75 on Christmas Day and the car "literally 'bounced'" after striking a pothole. The car was repaired after she noticed a rattling noise, and she noted in her complaint that ODOT's website noted repairs for I-75 in that area were delayed until after her incident.

  Result: The court denied the claim, saying that there was no evidence ODOT knew about a pothole in that location before her incident.