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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

Delta flight DL2750 to Atlanta returned to Cleveland following an emergency

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Delta flight DL2750 to Atlanta returned to Cleveland following an emergency


CLEVELAND, OH — A Delta Air Lines flight bound for Atlanta was forced to make an emergency return to Cleveland Hopkins International Airport (CLE) on Friday evening shortly after takeoff.

Delta flight DL2750, a regularly scheduled 90-minute flight to Hartsfield-Jackson Atlanta International Airport (ATL), departed Cleveland on Friday, May 15, 2026, at 7:50 PM EDT.

The aircraft, a Boeing 737-900 with registration N962DZ, took off from runway 24R and began a standard climb out. However, upon reaching an altitude of approximately 22,000 feet, the flight crew abruptly halted the climb and declared an emergency, transmitting a “squawk 7700” transponder code to air traffic control.

Swift Return to Cleveland

Following the emergency declaration, air traffic controllers immediately vectored the aircraft back toward Cleveland. The plane conducted a rapid turnaround and safely touched down back at CLE at 8:47 PM EDT, exactly 57 minutes after its initial departure.

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Emergency response vehicles met the aircraft on the tarmac as a standard precautionary measure, though no injuries have been reported among the passengers or crew.

Flight Canceled for Inspection

Delta Air Lines subsequently canceled the flight, leaving passengers to be rebooked on alternative routes. The specific nature of the emergency has not yet been disclosed by the airline or the Federal Aviation Administration (FAA).

As of Saturday morning, the Boeing 737-900 remains on the ground in Cleveland, where maintenance teams are conducting a thorough inspection to determine the cause of the mid-air incident.



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Jason Kipnis Reminisces on the 2016 World Series and It’s Unforgettable Moments

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Jason Kipnis Reminisces on the 2016 World Series and It’s Unforgettable Moments


“I thought it was one of the more likable teams…such a fun team.”

Those were the words of former Jason Kipnis before he and the rest of Cleveland’s 2016 World Series team were honored at Progressive Field on Friday night, nearly a decade removed from one of the most heartbreaking finishes in baseball history.

But for Jason Kipnis, the heartbreak everyone remembers, losing Game 7 in extra innings, feels different. Nearly every time Cleveland’s 2016 season is brought up, the conversation is somber, and rightfully so. To Kipnis, it’s far more personal.

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“God, it would mean more to me [to win a World Series],” Kipnis said, following a moment to pause, breathe and think everything through.

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He wishes the series had ended differently. Instead of sitting through a rain delay before returning to the field and falling in the final embers of Game 7, he could have been celebrating as a World Series champion.

His Game 7 Moment

It was the kind of game where everything that happened before it, every slump, every hot streak, every triumph and failure, suddenly no longer mattered.

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For Kipnis, it birthed one of his favorite memories. One that still brings him goose bumps to speak about.

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Late in the game, after reaching base on a bunt single, Kipnis understood the moment immediately. Opportunities like that did not come often, especially against a bullpen as talented as Chicago’s that had been surging the past two games.

When a wild pitch from reliever Jon Lester skipped away from David Ross, who was stationed behind home plate, Kipnis never hesitated. Racing home from second base, he slid across the plate to score alongside Carlos Santana, who was on the base paths ahead of him.

It was just the third time in World Series history that two base runners had scored on the same wild pitch.

For a brief moment, it felt like the championship drought was truly about to end.

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“I see it hits the side of his [Ross’s] face and knocks him one way, ball goes back the other,” he said, reminiscing on that specific moment. “Within 0.1 seconds, I was like… ‘it’s happening,’ like I’m screaming, like it’s happening, and I just absolutely rounded it [the bases]. The adrenaline rush, I was like, this is what we needed to get back into this game. It covered the deficit a little bit, and it did. It gave us a momentum boost.

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“It kind of brought us back into two-run territory and restarted the game a little bit.”

The Crushing Yet Unforgettable Finish

At the time of Kipnis’ sprint from second, Cleveland was down four runs and seemed to be out of the contest, but from that moment forward, the Indians were able to bring back balance to the contest. They went on to allow just one run, scoring five in the process, down the stretch of regulation.

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Kipnis started the comeback, Rajai Davis continued it.

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In the eighth inning, with the scoreline sitting 6-4, Davis stepped up to the plate with two outs and a runner on first. Kipnis, who was in the dugout at the time, still watches this moment back to this day.

“‘Ive gone back and watched that one highlight more than anything else,” he said.

Cubs reliever Aroldis Chapman rifled a 98 mph fastball at Davis, who stood in confidently, bashing the ball over the left-field wall at 101.5 mph at a 22-degree launch angle. It barely cleared the towering left field wall, sending Cleveland into screams.

“The noise, the looking around… I have chills right now,” he said, looking down at his right arm. “It was the first time I felt like, oh, that’s what pandemonium is. That’s like this is what the word is.

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“Just the noise and everybody going crazy and the momentum shift and just what it meant to us right there. God, you’d run through a wall right then and there.”

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Although Cleveland ultimately fell short in extra innings, the emotion from that night has never disappeared. For everyone involved, fans, front office members, players and others, it remains one of the most gut-wrenching losses in the organization’s history.

For players like Kipnis, it also stands as one of the most meaningful experiences of their lives.

Nearly a decade later, moments from that series still live on throughout the city.

Davis’ home run, a moment that likely awoke the entire city, is still recognized to this day. On Saturday, May 16, the first 15,000 fans who enter Progressive Stadium will be given a bobblehead to commemorate such a moment.

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But first, a day earlier, the entire squad will be given its flowers before the Guardians’ series-opener against the Cincinnati Reds. And there, on the field, Kipnis can look around at the Cleveland faithful, many of whom had packed Progressive Field nearly 10 years ago, and think back to moments that won’t ever be forgotten.

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U.S. Navy warship to be commissioned in Ohio

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U.S. Navy warship to be commissioned in Ohio


CLEVELAND — For the first time in U.S. history, a Navy warship will be commissioned in Ohio.


What You Need To Know

  • Commissioning a ship is a time-honored naval tradition that formally places a ship into active duty
  • The USS Cleveland arrived in its namesake city on Saturday, coasting into Cleveland’s North Coast Yard
  • The USS Cleveland will be commissioned Saturday and then head to its home port of Florida

Commissioning a ship is a time-honored naval tradition that formally places a ship into active duty.

The USS Cleveland arrived in its namesake city on Saturday, coasting into Cleveland’s North Coast Yard. It’s the fourth ship in U.S. Navy history to bear the name Cleveland.

“It’s a little bit bigger than a flight deck. About 25% bigger,” said Commanding Officer Bruce Hallett. “And it’s higher up, the water makes it a little easier for pilots to be able to land on it. So they like it.”

Hallett has served with the Navy for more than 20 years.

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“There are up and overs. So these flags are actually single flags. So we have quartermasters on board,” Hallett said of the colorful flags seen across the ship. “So they can use these to send signals to other ships. But in this capacity right here, they’re just purely for decoration.”

Inside the ship, the decorations pay homage to Cleveland, with two murals in the waterborne mission zone depicting key landmarks and Cleveland Browns signs in the gym.

“It’s all swagged out with all kinds of Cleveland Browns stuff new,” said Hallett. “We got the colors down there, the flags, the towels. It looks phenomenal. And the crew loves it.”

Sailors have been touring the city throughout the week, and Executive Officer Adam Cline has been coordinating community relations events with the crew. He sent two specific sailors to City Hall.

“We have two members of our crew that are from Cleveland,” Hall said. “That’s where they grew up. So it was real nice to incorporate them into that and to get a great memento from the city, a nice flag for us.”

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The USS Cleveland will be commissioned Saturday and then head to its home port of Florida. When the ship eventually retires, the USS Cleveland Legacy Foundation hopes to bring it back to become a museum.



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