Does Pavement's Lack of Skid-Resistance Constitute Failure to Keep Public Road 'In Repair?'

Under Exception in Political Subdivision Immunity Statute

Raymond J. Sanderbeck, Individually and as Administrator of the Estate of: Michelle L. Sanderbeck

v. County of Medina et al., Case no. 2010-1654

9th District Court of Appeals (Medina County)

ISSUE: In determining that a political subdivision is not immune from civil liability for a traffic accident because it failed to keep a segment of a public roadway "in repair," may a trial court consider the skid-resistance of the pavement at the time of the accident in the absence of any evidence of the original skid-resistance of the pavement at the time the road was constructed?