Gault v. Miami Univ.

2011 Ohio 3782

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

LISA A. GAULT

Plaintiff

v.

MIAMI UNIVERSITY

Defendant

Case No. 2011-02794-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

THE COURT FINDS THAT:

{¶ 1} On February 22, 2011, plaintiff, Lisa A. Gault, filed a complaint against defendant, Miami University, alleging her automobile was damaged by a hazardous condition located on defendant’s premises. Plaintiff sought damages in the amount of $1,488.14, the total cost of automotive repair. Plaintiff submitted the filing fee with her complaint;

{¶ 2} On March 7, 2011, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered unrecovered damages in the amount of $1,488.14;

{¶ 3} Plaintiff did not file a response.

{¶ 4} THE COURT CONCLUDES THAT:

{¶ 5} Liability on the part of defendant has been established. Couser v. Wright State University, Ct. of Cl. No. 2004-07344-AD, 2004-Ohio-5422;

{¶ 6} Plaintiff has suffered damages in the amount of $1,488.14, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19.

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

LISA A. GAULT

Plaintiff

v.

MIAMI UNIVERSITY

Defendant

Case No. 2011-02794-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 $1,513.14, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Lisa A. Gault Paul S. Allen 13153 State Route 177 Miami University Camden, Ohio 45311 Roudebush Hall Room 14 Oxford, Ohio 45056

SJM/laa 4/7 Filed 4/20/11