In Howard v. Miami Twp. Fire Div., 119 Ohio St.3d 1, 2008 Ohio 2792, 891 N.E.2d 311, the Supreme Court explained that "for purposes of R.C. 2744.02(B)(3), an 'obstruction' must be an obstacle that blocks or clogs the roadway and not merely a thing or condition that hinders or impedes the use of the roadway or that may have the potential to do so." Id. at P30. In reaching this conclusion, the Supreme Court found that "a critical aspect of the analysis" was the legislative history of this particular subsection. See Howard at P24-29. R.C. 2744.02(B)(3) was amended by S.B. 106, effective April 2003. The prior version of R.C. 2744.02(B)(3) stated: "Political subdivisions are liable for injury, death, or loss to person or property caused by their failure to keep public roads, highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, viaducts, or public grounds within the political subdivisions open, in repair, and free from nuisance." The Ohio Supreme Court made it clear that the current version of R.C. 2744.02(B)(3) does not impose the same duty of care on political subdivisions as it did when the statute's language included "free from nuisance." Howard at P25. The Court stated: "we believe that the General Assembly purposely replaced the phrase 'free from nuisance' with 'other negligent failure to remove obstructions.' The Court are persuaded that the legislature's action in amending R.C. 2744.02(B)(3) was not whimsy but a deliberate effort to limit political subdivisions' liability for injuries and deaths on their roadways." Id. at P25-26.