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Fodor v. City of Strongsville11/10/2004
{ } The evidence thus proved the condition was "the result of negligent design or construction decisions" made by ODOT. Since the evidence demonstrated "the condition s the result of negligent design or construction decisions, the condition d not constitute a nuisance, and immunity attache ." Haynes v. Franklin, supra at 348. Consequently, Strongsville was not responsible, rather, it was immune from liability for appellant's injuries. Id.
{ } The trial court thus correctly granted appellees' motions for summary judgment. Accordingly, appellant's assignment of error is overruled. Engle v. Salisbury Twp., supra; Rosemann v. Berea (Sept. 2, 1999), Cuyahoga App. No. 74523.
{ } The trial court's orders are affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JUDGE KENNETH A. ROCCO
ANNE L. KILBANE, P.J. and TIMOTHY E. McMONAGLE, J. CONCUR
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