Cleveland, OH
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.
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.
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.
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.
CLEVELAND, Ohio (WOIO) – Heinen’s Grocery Store announced on Friday that it will be closing its downtown Cleveland location on the corner of East 9th Street and Euclid Avenue.
This last day will be on July 31.
The store first opened in 2015.
All associates at the downtown store will be offered roles at other Heinen’s locations, and there will be no layoffs, the release said. This decision affects only the Downtown Cleveland location.
Cleveland Mayor Justin Bibb shared the following statement after the announcement was released:
This is a developing story. Return to 19 News for updates.
Copyright 2026 WOIO. All rights reserved.
The Cleveland Cavaliers added another guard to their logjam at the position during the second round of the 2026 NBA Draft on Wednesday night.
Arkansas guard Maleek Thomas was one of the best players remaining on the board when the Cavaliers were on the clock at No. 34 overall, which they acquired from the Sacramento Kings in a trade back out of No. 29 overall on Tuesday night’s Round 1.
So Cavs president of basketball operations Koby Altman took Thomas off of the board, opting to select the best player available instead of drafting for fit, as Cleveland still has a dire need on the wing and backup center.
“When you’re picking at No. 34, you don’t have the luxury to say ‘let’s pick for fit,’” Altman said after the selection on Wednesday night.
It’s clear that the longtime basketball executive understands that Thomas doesn’t necessarily fit this current version of the Cavaliers. They’re expecting veteran point guard James Harden to return on a new contract. They also still employ Dennis Schroder, Tyrese Proctor and Craig Porter Jr., who just saw his contract option exercised by the Cavaliers.
Altman admitted that with so many guards to account for on the roster, the hard part will be figuring out how it all fits together.
Who is the odd man out?
It’s very possible that the reason why the Cavaliers traded out of No. 29 overall was due to financial reasons.
At No. 29, the Cavaliers really liked Thomas, and he probably would’ve been their selection. Even though he’s another small guard, he loves the game of basketball and comes from head coach John Calipari, which is as close to NBA coaching that you’ll find in the NBA.
But in Round 2, the Cavs could give Thomas a non-guaranteed two-way deal that would have the 19-year-old point guard split time between the Cavaliers and Cleveland’s G League affiliate Charge.
This makes life uncomfortable for Porter Jr., even though his option was just exercised. He’s on the final year of a deal, and could be included in a trade package as a sweetener. Of course, none of Cleveland’s guards aside from Harden should be untouchable in big trade packages that could help solve the team’s holes on the wing and in the frontcourt.
Schroder could be dealt as well because of his big salary.
Even though he doesn’t seamlessly fit, the Cavaliers found a way to get a first-round talent in Day 2 of the NBA Draft. It was a talented class and Thomas could be a gem.
But Altman needs to find a way to better construct this roster before the season comes around.
Follow
CLEVELAND, Ohio (WOIO) – The man wanted for the 2024 murder of a Northeast Ohio rapper in Cleveland, was arrested Thursday by members of the U.S. Marshals led Northern Ohio Violent Fugitive Task Force.
The U.S. Marshals said Steven Smith, 27, was taken into custody at a home in the 15900 block of Invermere Ave. in Cleveland.
Smith is accused of fatally shooting Carlos Banks, 28, on Dec. 29. 2024 inside an apartment at 5115 The Rising.
This is in the city’s Slavic Village neighborhood.
Cleveland EMS pronounced Banks dead at the scene.
Also known by stage name KashBankx, the 28-year-old had amassed thousands of social media followers with his rap career.
19 News previously spoke with community journalist Jaylyn King who says he’s interviewed Banks multiple times about his music career.
“Normally Cleveland has a set sound that’s really repetitive,’ said King. “He (Banks) was one that stood out and was very different than other artists”.
“This is big because he touched and influenced so many people,” said King “Even outside of music”.
Copyright 2026 WOIO. All rights reserved.
-
Los Angeles, Ca11 minutes agoWatch Project Angel Food's 'Lead with Love' telethon on KTLA
-
Detroit, MI31 minutes agoMetro Detroit weather forecast, June 26, 2026 — 4 p.m. Update
-
San Francisco, CA41 minutes agoNewlyweds celebrate Pride-themed weddings inside SF City Hall as parade preparations underway
-
Dallas, TX45 minutes agoAll Dallas restaurants firing up specials for July 4th and America’s 250th
-
Miami, FL53 minutes agoHelping Venezuela: State Department deploys Miami-Dade search-and-rescue team
-
Boston, MA56 minutes agoPhotos: Norway takes on France in high-powered World Cup matchup in Foxborough – The Boston Globe
-
Denver, CO1 hour agoDenver Transplant Games sets Guinness World Record for mos living donors, recipients in one place at one time
-
Seattle, WA1 hour agoHow to watch Egypt vs. Iran World Cup match in Seattle
