A city is not immune in the case of a crash involving a stop sign that was obscured by a tree. That’s the finding of the Ohio Supreme Court.
In May, 2011, a driver ran a stop sign in Findlay and caused a crash. She was cited, but said she didn’t see the stop sign until it was too late because it was blocked by leaves and branches from a tree.
A Findlay city police officer testified foliage did make the sign hard to see, and added that a similar accident happened at that same intersection the year before and that the tree should be removed.
Lower courts ruled the city had immunity and wasn’t liable in any way. But the Ohio Supreme Court disagreed, ruling the city is not immune from liability. This doesn’t mean the city is liable but it does mean it has the potential to be.
The case is now being sent back to the Hancock County trial court for further proceedings.