Marion man wins $70,000 in settlement with state

MARION — A Marion man won $70,000 in a legal settlement with the Ohio Department of Natural Resources, which he sued after a rock hit him in the eye at a state park.

Richard Combs was walking to a fishing spot at Indian Lake State Park in Logan County in July 2011 when the rock hit him in his right eye, fracturing Combs' nose and eye and causing permanent damage, according to a complaint Combs filed in the Ohio Court of Claims in 2013.

The rock had been thrown into the air by a boom mower that an ODNR employee was operating along the edge of the lake near riprap, or rock used to prevent erosion at the shoreline, according to court records. Combs argued the parks worker was negligent in his operation of the mower and that the state should be held responsible for his injuries.

Combs reached a settlement with the ODNR on Aug. 2. The ODNR did not admit to any wrongdoing, according to the terms of the agreement. Combs agreed not to pursue any other claims against the state in exchange for the payout.

The lawsuit had been ongoing for four years, during which time the Ohio Court of Claims initially ruled the ODNR could not be held liable for Combs' injuries, a decision that was overturned by Ohio's 10th District Court of Appeals and affirmed by the Ohio Supreme Court.

The case was sent back to the Ohio Court of Claims, with the parties ultimately settling.

svolpenhei@gannett.com

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