In Trader v. City of Cleveland, Cuyahoga App. No. 86227, 2006 Ohio 295, the Court held that the City was not immune from suit as a matter of law where a traffic pole fell and injured a motorist traveling on a public road. The Court found questions of fact existed as to whether the City's responsibility for the pole was excluded by the provisions of R.C. 2744.01(H), whether it was negligently maintained, and whether it could be considered within the "right of way." Id. at PP 20-24.