A $150,000 settlement has been reached in the case of Rebecca Cain, a motorcyclist who was seriously injured after hitting a deep pothole on Lowell Avenue in Lorain on June 2, 2023.
According to city records and internal insurance correspondence, Cain was traveling northbound when she struck the pothole, lost control of her motorcycle, and crashed. She suffered a left ankle fracture requiring open reduction internal fixation (ORIF) surgery, along with other injuries. Her medical expenses totaled approximately $169,708, with insurance covering just over $20,000.
An investigation by the city’s insurance administrator, Gallagher Bassett, concluded the City of Lorain was “100% liable” for the incident. The records indicate the city had received multiple prior complaints about the pothole but failed to make repairs before the crash. Under Ohio law, municipalities are typically only liable for roadway defects if they had prior notice and did not take corrective action. In this case, the insurer stated that Lorain had been notified “multiple times.”
Cain initially demanded $997,000 in damages. A settlement agreement was submitted to the Lorain Board of Control for approval at its July 16, 2025 meeting. The total settlement is $150,000, with $100,089 to be paid by insurance and $49,911 to be paid by the City of Lorain. According to internal correspondence, the agreement was finalized by mid-2025.
The case reflects broader challenges in Lorain’s infrastructure maintenance. The City of Lorain has acknowledged that road crews regularly patch tons of asphalt during pothole season, but ongoing issues with weather and limited funding continue to make long-term maintenance difficult.
Although most Ohio cities deny pothole damage claims on the grounds of lack of notice, this case stands out because the city accepted responsibility due to documented prior warnings. According to insurance correspondence, this led to a rare direct payout — avoiding further litigation while acknowledging municipal liability.