Lunar v. City of Cleveland

69 Ohio St.3d 673, 635 N.E.2d 357 (1994)

For years, the City of Cleveland failed to inspect and clean its storm sewers at its western boundary of State Route 2. As a result, tremendous puddles would develop in the area after moderate rainfall.

A motorist hydroplaned on one of the puddles and collided head-on with the plaintiff’s car causing injuries to him. The jury awarded him $500,000, and the trial judge awarded pre-judgment interest finding that the City of Cleveland failed to make good faith efforts to settle the case and failed to rationally evaluate its risks.

The Supreme Court of Ohio upheld the award of prejudgment interest, which amounted to over $400,000, based on its recent decision in Moskovitz v. Mt. Sinai Med. Ctr.