Michael Hamon, et al. v. Ohio Department of Transportation, Case No. C2008-10927

ODOT will pay a Delaware man $300,000 to settle a claim over a motorcycle crash caused by a pothole on an Ottawa County onramp that was in the process of being repaved. The Court of Claims of Ohio approved the settlement agreement on November 8.

Michael Hamon and his family filed a six-count complaint in the Court of Claims on November 14, 2008 alleging that ODOT was negligent by failing “to fill said pothole or lip or to place necessary warnings or cautions to warn oncoming motorist and motorcyclist of said dangerous condition.” The Hamons also cited several other accidents caused by the “same dangerous defect.” The complaint alleged that “defendants had been aware of the unsafe condition for a period of time sufficient to put them on notice that the entrance ramp was a nuisance.”

Hamon lost control of his motorcycle after striking the lip/pothole as he merged onto State Route 2 from State Route 269 on August 2, 2007. He was ejected from the motorcycle and struck the roadway.

Hamon listed 13 separate injuries resulting from the wreck from which he incurred $1.2 million in medical and hospital related expenses. He also incurred lost wages in excess of $58,000.

The Court of Claims is given original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.

To access information on other cases visit the Court of Claims website.

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