Clark v. Ohio Veterans Home

2011 Ohio 6970

Opinion

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor Columbus, OH 43215

614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

ROBERT CLARK

Plaintiff

v.

OHIO VETERANS HOME

Defendant

Case No. 2011-09420-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT

{¶1} On July 13, 2011, plaintiff, Robert Clark, filed a complaint against defendant, Ohio Veterans Home, alleging his personal property was damaged after one of defendant’s employees inadvertently spilled hot candle wax on plaintiff’s chair and gift box. Plaintiff submitted receipts in the amount of $557.49 for the replacement cost of the damaged items. The filing fee was paid by defendant.

{¶2} Defendant filed an investigation report admitting responsibility for the loss claimed, plus filing fee reimbursement.

CONCLUSIONS OF LAW

{¶3} Sufficient proof of liability on the part of defendant has been shown.

Bauman v. Ohio Veterans Home, Ct. of Cl. No. 2003-01016-AD, 2003-Ohio-2617; Wertenberger v. Ohio Veterans Home Agency, Ct. of Cl. No. 2005-11027-AD, 2006- Ohio-191; Klosterman v. Ohio Veterans Home, Ct. of Cl. No. 2010-10246-AD, 2011- Ohio-2891.

{¶4} Plaintiff has suffered damages in the amount of $557.49, plus $25.00 which constitutes costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor Columbus, OH 43215

614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

ROBERT CLARK

Plaintiff

v.

OHIO VETERANS HOME

Defendant

Case No. 2011-09420-AD

Deputy Clerk Daniel R. Borchert

ENTRY OF ADMINISTRATIVE DETERMINATION

Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $582.49, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Robert Clark Gregory J. Kowalski 3416 Columbus Avenue Ohio Veterans Home Sandusky, Ohio 44870 3416 Columbus Avenue Sandusky, Ohio 44870

9/8 Filed 9/14/11 Sent to S.C. reporter 1/27/12