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FRANKS v. LOPEZ

No. 92-1030.

69 Ohio St.3d 345 (1994)

FRANKS, ADMR., ET AL., APPELLANTS AND CROSS-APPELLEES, v. LOPEZ, F.K.A. MUNGUIA, APPELLANT AND CROSS-APPELLEE; SANDUSKY TOWNSHIP BOARD OF TRUSTEES ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided May 25, 1994.

Attorney(s) appearing for the Case

Edward Van Gunten & Co., L.P.A. Edward A. Van Gunten and Phillip Browarsky, for appellants and cross-appellees Lisa Franks and M. Carol Bryant.

Cooper, Straub, Walinski & Cramer Co., L.P.A., and Thomas J. Tucker, for appellant and cross-appellee Rhonda L. Lopez.

Ritter, Robinson, McCready & James and William S. McCready, for appellee and cross-appellant Sandusky Township Board of Trustees.

Marshall & Melhorn, James H. Irmen and Jessica R. Christy, for appellees and cross-appellants Sandusky County Board of Commissioners and Sandusky County Engineer.

Amer Cunningham Brennan Co., L.P.A. Richard T. Cunningham and Thomas M. Saxer, urging reversal in part for amicus curiae, Ohio Academy of Trial Lawyers.

John E. Gotherman, urging affirmance in part for amicus curiae, Ohio Municipal League.

FRANCIS E. SWEENEY, SR., J.

Today we are again asked to interpret R.C. 2744.02(B)(3) to determine when a political subdivision may be liable for failing to keep its roadways "free from nuisance." We are also asked to decide whether the county could be liable for its alleged failure to install a guardrail pursuant to R.C. 5591.36. For the reasons which follow, we decline to expand our definition of the term "nuisance" as found in R.C. 2744.02(B)(3) to embrace design...

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