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Morrow County News


Towns Not Liable For Icy Roads

06-20-2008

Towns and cities have to make sure tree branches and dead animals are cleaned off their streets, but local governments cannot be held liable for icy streets, the Ohio Supreme Court ruled Wednesday.

A story from the AP says, state law says local governments have to keep their roadways clear of obstructions. But the high court said in a 5-2 ruling that ice doesn't obstruct traffic.

"A political subdivision's duty extends only to obstacles that block a roadway for usual and ordinary modes of travel," the high court ruled, citing past cases and the Legislature's 2003 update of the law.

"When the legislature changed the law in 2003, they didn't define the word 'obstruction.' ... (This ruling) clarifies and defines what an obstruction is," said Dawn Frick, a lawyer who represented Miami Township in Southwest Ohio.

"The way (the Legislature) defined it, they left the possibility open for a political subdivision to be responsible for ice and slush on the road. That just had some pretty broad implications."

Click here to read more of this story from the AP.

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