Late last year, an appellate court in Ohio issued a written opinion affirming an intermediate appellate court’s decision that a city that allowed a stop sign to become overgrown with foliage was not entitled to governmental immunity. In the case, Bibler v. Stevenson, the court concluded that the city was not entitled to immunity because the stop sign was placed due to a state law requiring stop signs to be placed at intersections of “through highways.”
Bibler was injured in a car accident when another motorist, Stevenson, allegedly ran a stop sign. Stevenson claimed that he did not see the stop sign, and the responding police officer agreed that the sign was overgrown with foliage and not visible to approaching motorists.
Bibler later filed a personal injury lawsuit against both Stevenson and the City of Findlay, the local government of the place where the accident had occurred. Bibler settled with Stevenson, and the case proceeded against the city only. In a pre-trial motion, the city argued that it was entitled to government immunity because under state law, governments are only liable for negligence involving “public roads,” which do not include traffic-control devices. Bibler agreed with that general statement but argued there was an exception when the traffic-control device was by the state’s “manual of uniform traffic control devices.”