TOLEDO, Ohio — On Wednesday, the Sixth District Court of Appeals in Toledo will hear arguments in a case involving a woman who claims she was seriously injured after hitting a large pothole on S. Detroit Avenue in February of 2016.
According to court documents, Maggie Vasquez-Cromer was headed to work at UTMC on February 26, 2016 when she hit a large pothole on South Detroit Avenue, just past the intersection at Myers Street. The pothole measured five feet long and six inches deep
She said the hole caused her to lose control of her vehicle and crash into a guardrail. Vasquez-Cromer broke her jaw in the accident and has undergone numerous surgeries as a result.
In August of 2017, she filed a lawsuit against the city of Toledo. The suit state that the city failed in its duty to maintain Toledo's roads. The city opposed the lawsuit. Officials argued that the city was immune from liability because it had no notice of the pothole prior to the incident.
In November 2018, the Lucas County Common Pleas Court granted judgment in favor of Toledo.
Vasquez-Cromer has since appealed the court’s decision. In a brief filed on January 28, she alleged that there was evidence available, demonstrating that the city should have discovered the pothole and repaired it prior to her accident.
Vasquez-Cromer said that, specifically, evidence is available that puts city employees from the Division of Streets, Bridges and Harbors onsite adjacent to the pothole just four days before her collision. She argued that the pothole would already have been noticeably deteriorated at that time.
Vasquez-Cromer also argued that there is evidence demonstrating that the city had previously patched a pothole at the same location with cold patch. She alleged that the city would have known that cold patch is a temporary solution.
In response, the city has maintained its argument that it is immune from liability. Officials said Vasquez-Cromer has not submitted any evidence to establish the city had actual notice of the pothole that caused her injury.
Arguments on the appeal will be held at 9 a.m. on Wednesday.
