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OH Supreme Court: Summit County may be sued for not repairing road, not clearing obstructions when property was damaged

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OH Supreme Court: Summit County may be sued for not repairing road, not clearing obstructions when property was damaged


COLUMBUS, Ohio – An Ohio law that has been used to win judgments for vehicle damage from public agencies that don’t keep up with their roads doesn’t stop at the curb, the Ohio Supreme Court ruled.

In a 4-3 ruling reversing a lower court decision, the court said Summit County may be liable for damage to a woman’s Sagamore Hills home after part of a county road collapsed and the area started flooding.

The ruling overturns Ohio 9th District Court of Appeals decision that found the county was immune from liability for damage to Roberta Schlegel’s home when an adjacent roadway collapsed in May 2017. The appeals court had determined that in Schlegel’s case, there was no exception to the general lawsuit liability local governments receive under Ohio law. The appeals court ruled that the exception only applies to motorists or roadway users who are injured by a road condition.

But writing for the Supreme Court majority, Justice Jennifer Brunner, a Democrat, concluded the state law contains no such limitations, according to Court News Ohio, a service of the court.

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Justices Patrick Fischer, a Republican, and Democrats Michael Donnelly and Melody Stewart joined Brunner’s opinion.

Chief Justice Sharon Kennedy, a Republican, dissented, joined by fellow Republican Justices Pat DeWine and Joseph Deters.

Rain in May 2017, Schlegel argued, resulted in the road collapsing into a culvert under the road. The resulting debris blocked stormwater, which flooded and damaged her Sagamore Hills home.

Schlegel said she was charged $6,636.56 for cleanup and remediation of the water from the basement flooding and was quoted $52,503.42 to complete other repairs.

Schlegel sued Summit County in October 2018, arguing it was negligent in its upkeep of a culvert. The county asked for a summary judgment about a year later, arguing it was immune from liability for the damage because it’s a local government. The trial court agreed it was not liable.

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However, the trial court did not decide all the other arguments in the case, so Schlegel appealed to the 9th District, which ruled that she didn’t meet a burden of proof in her appeal and the county was immune from that part of her complaint.

Schlegel appealed to the Supreme Court.

Under Ohio law, “political subdivisions are liable for injury, death, or loss to person or property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads.” That section of law generally has applied when motorists seek money for car damage taken from potholes. The Ohio Department of Transportation, for instance, has a form drivers can fill out if they take damage on a state-maintained road. State cases generally go through the court of claims.

But the court’s opinion said that section of law is not limited to road users.

Brunner’s opinion noted that a factual question may remain about whether the county’s negligent failure to keep the road in repair resulted in the flooding of and loss to Schlegel’s property. The opinion added that there also are defenses in Ohio’s government immunity law that may restore the county’s immunity. Whether immunity can be restored is beyond the scope of what the Supreme Court agreed to review in this case, Brunner wrote.

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The decision returns the case to the trial court to consider those issues.

In her dissent, Kennedy noted that the Ohio government immunity law defines “public roads” to mean “public roads, highways, streets, avenues, alleys, and bridges within a political subdivision.” That does not include the word “culverts” and that the meaning of the words in the “public roads” definition indicate they are part of the travelled roadway and surface on which vehicles drive.

Laura Hancock covers state government and politics for The Plain Dealer and cleveland.com.



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Cleveland, OH

Ohio National Guard members from Cleveland save woman while stationed in D.C.

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Ohio National Guard members from Cleveland save woman while stationed in D.C.


CLEVELAND, Ohio (WOIO) -A group of Ohio National Guard members, some from Cleveland, saved a woman’s life last week while on the Joint Task Force D.C. mission in the nation’s capital.

According to officials with the Army, a group of four soldiers from the 323rd Military Police Company, Ohio Army National Guard were on routine patrol when they heard a husband frantically calling for help.

The group of four, including Staff Sgt. Jered Moran, Sgt. James Nelson, Sgt. Jeremiah Slagle and Spc. Gogo Simitcievski, ran about the length of a football field to see if they could help.

Four Ohio National Guard members, some from Cleveland, were honored this week for saving a woman’s life in D.C. while on patrol.(Source: DVIDS JTF-DC)

When they arrived they found an unresponsive 34-year-old woman in the driver’s seat of a car and found she had no pulse and was not breathing.

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The team immediately began CPR and rescue breaths in shifts for about six minutes before and ambulance arrived.

“To be on this mission is an honor,” said Moran. “My Soldiers and I are proud Ohioans and are grateful for the opportunity to serve in our nation’s capital by helping others.”

Officials have confirmed the woman was taken to a local hospital and is expected to make a full recovery.

The four men were recognized at a small ceremony this week and continue their mission in D.C.

According to the Army the four, “received a Coin from the D.C. National Guard Senior Enlisted Leader, Command Sergeant Major Ronald L. Smith, recognizing them for lifesaving actions.”

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Why does Vice President JD Vance say he’s proud to be a conspiracy theorist? Today in Ohio

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Why does Vice President JD Vance say he’s proud to be a conspiracy theorist? Today in Ohio


CLEVELAND, Ohio – In response to explosive remarks by White House Chief of Staff Susie Wiles, Vice President JD Vance embraced the characterization of him as a conspiracy theorist.

We’re talking about how the Ohio Cincinnati Republican claims his so-called conspiracy theories were simply truths the media took months to acknowledge on Today in Ohio.

Listen online here.

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Editor Chris Quinn hosts our daily half-hour news podcast, with editorial board member Lisa Garvin, impact editor Leila Atassi and content director Laura Johnston.

You’ve been sending Chris lots of thoughts and suggestions on our from-the-newsroom text account, in which he shares what we’re thinking about at cleveland.com. You can sign up here: https://joinsubtext.com/chrisquinn.

Here’s what we’re asking about today:

Why is Vice President JD Vance proud to be called a conspiracy theorist?

With electric bills in Ohio at a seeming all-time high for many of us, how might Ohio try to provide a means to some relief?

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Part of Ohio Gov. Mike DeWine’s revolution in how the state teaches kids to read was to change how future teachers are trained in colleges. An audit of colleges turned up some failures on that front, including here in Cleveland. How are they missing the mark?

Ohio is not the only state where merging school districts might be a solution to what ails the education system. What are some other states considering it, and why?

Cleveland City Council President Blaine Griffin was pretty direct in dealing with the misbehavior of Councilman Joe Jones. So, how does he justify giving a boatload of money to Jones’ campaign?

Lakefront housing is prized in Cuyahoga County. Which suburb has a site that it wants to develop for entirely new lakefront housing?

We’ve learned a lot in recent years about how traumatic brain injuries early in life result in Alzheimer’s and dementia later in life. We’ve seen it quite a bit in football players. Has Case Western Reserve University discovered a way to combat that result?

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It’s not often we seek the breakup of a massive drug ring that is accused of causing multiple deaths. What are the details of such a breakup announced Tuesday?

The Riverside school district in Lake County is reeling from the silly but far-reaching childishness of two lame duck school members intent on firing the superintendent before they go. What’s the latest in their quest?



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Plan your perfect Northeast Ohio winter break

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Plan your perfect Northeast Ohio winter break


Have time off at the end of the year? Home for the holidays with the kids? Need to rest and recharge?

From dazzling light displays and winter wonderlands to hands-on art workshops, outdoor adventures and seasonal markets – there’s lots to do in Northeast Ohio. Some of it is even free. 

HOLIDAY SPIRIT

Crown Point Parkway Festival of Lights

When: Through New Year’s Day; 5:30–10 p.m. weekdays, 5:30–11 p.m. weekends
Where: Crown Point Pkwy, Strongsville, Ohio
Details: Free walk- or drive-through community light display hosted by creator Dan Hoag since 1988. Visitors often park on Bennington Drive and walk under the illuminated archways.

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Gingerbread Building Workshop

When: Multiple dates and times; reservations required
Where: The Jolly Gingerbread Makery, 1300 W. 78th St., Cleveland, OH 44102
Details: A 3-hour workshop where participants build and decorate a gingerbread house while enjoying sweets, music, and a creative holiday atmosphere. Cost: $44.52 for two people. All materials included. Online reservations required.

Winter Wonderland at The Sixty6

When: Dec. 20, 9 a.m.– 6 p.m.
Where: The Sixty6 Music Lounge, 1966 E. 66th St., Cleveland, OH 44103
Details: Free family event with breakfast and photos with Santa, vendor market, reindeer pen, crafts, and live music. Online reservations encouraged.

Inaugural Parma Pierogi Drop

When:
Dec. 31, 8 p.m.–1 a.m.
Where: Sloppy Bobs, 5994 State Rd., Cleveland, OH 44134
Details: Free admission with refreshments for purchase. Features State Meats pierogies, bicentennial Schnitz Ale, treats from Breads and Beyond Bakery, live music, a rooftop pierogi drop, and fireworks after midnight.

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BUY LOCAL

Screw Factory Holiday Market

When:
Dec. 19 (6–10 p.m.); Dec. 20 (10 a.m.–6 p.m.); Dec. 21 (10 a.m.–3 p.m.)
Where: 13000 Athens Ave., Lakewood, OH 44107
Details: Free admission and parking. Annual holiday market featuring local artists and makers offering handmade gifts, décor, art, and more inside a historic former factory.

Paradise Galleria

When:
Open weekly, Tues.–Sun., 12–6 p.m.
Where: 3910 Lorain Ave., Cleveland, OH 44113
Details: Free admission to explore a 13,000 sq. ft. “Mall of Dreams” filled with vintage designs, local vendors, a jacuzzi ballpit, secret passageways, and a whimsical slide to the basement vendor area.

LOOK AT ART

78th Street Studios Art Walk (THIRD FRIDAYS)

When:
Dec. 19, 5–9 p.m.
Where: 1300 W. 78th St., Cleveland, OH 44102
Details: Free event showcasing art, music, food, and pop-up vendors across 60+ venues on four floors. Named Cleveland’s Best Arts Event by Scene and Yelp. A multisensory way to meet artists and explore Cleveland’s creative community.

Holiday Traditions Tours at the Cleveland Museum of Art

When:
Through Dec. 28 on Wednesdays (5:45–6:45 p.m.), Saturdays (3–4 p.m.), and Sundays (3–4 p.m.)
Where: 11150 East Blvd., Cleveland, OH 44106
Details: Free with reservation. A guided tour exploring winter celebrations across cultures and time, highlighting art that represents light, generosity, and togetherness.

GET ACTIVE

MOCA Saturday FAM Day (Family, Art & Movement)

When:
Jan. 3, 12–2:30 p.m.
Where: MOCA Cleveland, 11400 Euclid Ave., Cleveland, OH 44106
Details: Free for Ohio residents. Movement and creativity session led by the 10K Movement, inspired by MOCA’s exhibitions. Open to all ages and skill levels.

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Cleveland Toboggan – The Chalet

When:
Open weekends (with or without snow) through late February
Where: 16200 Valley Pkwy., Strongsville, OH 44136
Details: Twin 700-foot refrigerated toboggan chutes. Tickets $13–$15 for multiple rides. Reservations required.

Ice Skating – Thornton Park Ice Arena (Shaker Heights)

When:
Public skating schedule varies
Where: 3301 Warrensville Center Rd., Shaker Heights, OH 44122
Details: Admission $4–$9; skate rentals $3.

Ice Skating – Cleveland Heights North Rink

When:
Public skating schedule varies
Where: 1 Monticello Blvd., Cleveland Heights, OH 44118
Details: Admission $2–$5; skate rentals $2.

Ice Skating – Public Square

When:
Open daily 12–10 p.m.; check holiday hours
Where: 3 Public Square, Cleveland, OH 44115
Details: $15 per person including skate rental.

Cross Country Skiing + Snowshoeing (Lake Metroparks)

When: Hours and availability depend on conditions
Where: Pine Lodge Ski Center & trails, 8668 Chardon Rd., Kirtland, OH 44094
Details: Rentals $3–$5/hour or $12–$30/day. Trails at Penitentiary Glen and Chapin Forest offer scenic winter routes. Snowshoe rentals vary by site.

Sledding at Cleveland Metroparks

When:
Open when weather and snow conditions permit
Where:
• Barrett Sledding Hill – Rocky River Reservation, Berea
• Engle Road Sledding Hill – Big Creek Reservation, Middleburg Heights
• Big Met Golf Course Sledding Area – Rocky River Reservation, Fairview Park
• Edgewater Park – upper area off the Shoreway

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Details: Use hills only with proper equipment and safe conditions.

SEE NATURE

Light Up the Night Luminary Walk

When:
Dec. 19, 2025, 6–8 p.m.
Where: Rocky River Nature Center, 24000 Valley Pkwy., North Olmsted, OH 44070
Details: Free self-guided luminary walk with hot chocolate, snacks, animal exhibits, and a craft. The trail is under one mile on natural surfaces.

Luminary Walk: Moonlight Mammal

When:
Dec. 30, 2025, 4:30–6:30 p.m.
Where: Nature Education Building, 401 Buttermilk Falls Pkwy., Mayfield Village, OH
Details: Free luminary-lit marsh walk with crafts, hot chocolate, and animal exhibits. Indoor options available if weather is poor.

Rockefeller Park & Greenhouse

When:
Open daily 10 a.m.–4 p.m.
Where: 750 E. 88th St., Cleveland, OH 44108
Details: Free botanical garden with indoor/outdoor displays, seasonal exhibits, and specialty plant collections.

Candyland at Lake Metroparks

When:
Open daily Nov. 22, 2025–Jan. 4, 2026, 10 a.m.–5 p.m.
Where: Penitentiary Glen, 8668 Kirtland-Chardon Rd., Kirtland, OH 44094
Details: Free indoor Candy Land-themed adventure with crafts, exhibits, scavenger hunts, hot chocolate, weekend programs, and nature gift shop.

CREATE

Junk Journaling at the Library

When:
Dec. 27, 2:30–4 p.m.
Where: Cleveland Public Library – South Branch, 3096 Scranton Rd., Cleveland, OH 44113
Details: Free journaling workshop using new and recycled materials. Supplies provided; bring personal items to customize your journal.

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Holiday Pop-Up! Open Studio at the Cleveland Museum of Art

When:
Dec. 27–28, 10 a.m.–2 p.m.
Where: Cleveland Museum of Art, 11150 East Blvd., Cleveland, OH 44106
Details: Free, drop-in art-making sessions for all ages. Create reflective vessels inspired by the past year and the year ahead.

LISTEN TO MUSIC

Monday Night Jazz at Brothers Lounge

When:
Every Monday, 8–10 p.m.
Where: The Brothers Lounge, 11609 Detroit Ave., Cleveland, OH 44102
Details: Free jazz orchestra performance inspired by classic large-ensemble traditions.

Chamber Music at the Cleveland Museum of Art
When:
• Wed., Dec. 17, 2025, 6–7 p.m. (Harpsichord program by QinYing Tan)
• Fri., Dec. 19, 2025, 6–7 p.m. (Linking Legacies ensemble performing works by African American composers)
Where: 11150 East Blvd., Cleveland, OH 44106

Details: Free concerts inspired by artworks displayed in the galleries where each performance takes place.

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