Judge denies Girard and BLS’ motion to dismiss class-action lawsuit
Staff report
GIRARD
A Trumbull County Common Pleas Court judge denied Blue Line Solutions and the city of Girard’s motion to dismiss a class-action lawsuit against them.
Judge Andrew Logan ruled that four of the claims in the complaint against the two entities are valid, including accusations that the entities violated the plaintiffs’ due process rights and were engaged in civil conspiracy.
The litigation against BLS and the city revolves around the contested speed limit on a portion of Interstate 80 between Dec. 7, 2017, and Jan. 8, 2018, after construction ended.
The city enforced the temporary lower speed limit because the Ohio Department of Transportation hadn’t changed the speed limit signs until Jan. 8.
The lawsuit was filed by Atty. Marc Dann on behalf of drivers who were ticketed during that period.
Two of the plaintiffs’ arguments – that the entities violated the Consumers Sales Practices Act and were involved in negligent misrepresentation – were not valid because it determined the issued citations can’t be classified as a business transaction.
The judge also denied the plaintiffs’ motion to strike a new argument made by the city of Girard.
There will be a status conference on the matter late in January.