 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Pylypiv v. City of Parma12/1/2005
r signs in place at the time of the accident comply with Section 3C.01 of The Ohio Manual of Uniform Traffic Control Devices. (Introtech report at 4). The Introtech report noted that Section 3C.04 requires the use of a diamond shaped sign with retro reflective buttons to mark the end of the roadway, and concluded that the stop sign located on Wales at South Park was retro reflective and met the standards set forth in the manual, a sign easily discernible for a driver going 25 m.p.h. while cresting the hill on Wales. (Introtech report at 5).
{ } For these reasons, we find that the City complied with The Ohio Manual of Uniform Traffic Control and that the warning signs were adequately posted and adequately lit, and that the posting of such signs is not indicative of malicious purpose, bad faith or a wanton or reckless manor.
{ } The Estates' second assignment of error lacks merit.
{ } The judgment of the trial court is affirmed.
It is ordered that appellee shall recover of appellant costs herein taxed.
The court finds that there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga County Common Pleas Court 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.
MARY EILEEN KILBANE JUDGE
SEAN C. GALLAGHER, P.J., And CHRISTINE T. McMONAGLE, J. CONCUR
APPENDIX A
ASSIGNMENTS OF ERROR:
"I. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT OFFICERS AND THE CITY OF PARMA WHERE THEY WERE NOT IMMUNE FROM SUIT AND WERE THE PROXIMATE CAUSE OF DECEDENTS' DEATHS.
A. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT AS OFFICERS BURGER AND BRINK ARE NOT IMMUNE FROM SUIT UNDER SECTION 2744.02.
B. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT AS OFFICERS BURGER AND BRINK WERE THE PROXIMATE CAUSE OF THE DECEDENT'S DEATHS.
II. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF THE CITY OF PARMA REGARDING ITS NEGLIGENT MAINTENANCE OF SIGNAGE WHERE THE CITY WAS NOT IMMUNE FROM SUIT."
|