Gontarz v. Ohio Univ.

2011 Ohio 6987

• Court: Ohio Court of Claims
• Decided: September 29, 2011
• Docket: 2011-08750-AD
• Status: Published

Opinion

[Cite as Gontarz v. Ohio Univ., 2011-Ohio-6987.]

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 SHANE J. GONTARZ

Plaintiff

v.

OHIO UNIVERSITY

Defendant

Case No. 2011-08750-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT {¶1} Plaintiff, Shane Gontarz, a resident student attending defendant, Ohio University (OU), filed this action contending that defendant should bear responsibility for the loss of his property that was water damaged when the air conditioner in his dormitory room leaked water. Plaintiff explained that when he returned to his dormitory room on the evening of May 6, 2011, he discovered that his property had been damaged when water leaked from the unit and ruined his computer. Plaintiff related that his computer was covered by “Black Tie protection * * * which replaces the computer at a fraction of the cost.” Plaintiff requested monetary damages in the amount of $581.24, the stated replacement cost of his computer, $20 for travel expenses to facilitate the purchase, and reimbursement of the filing fee. The $25.00 filing fee was paid. {¶2} Defendant filed an investigation report stating that OU does not dispute the damage claim for replacement of the computer and reimbursement of the filing fee; however, OU notes that plaintiff failed to document that he spent $20.00 on gasoline when he purchased a replacement computer. {¶3} Plaintiff did not file a response. CONCLUSIONS OF LAW {¶4} Defendant, by exercising control over the air cooling system in the student housing facility, was under a duty to maintain the system in good and safe working order. Mosebach v. Miami University of Ohio (1990), 90-02431-AD; Chetsko v. Miami University, Ct. of Cl. No. 2007-03960-AD, 2007-Ohio-4395; Smith v. Miami Univ., Ct. of Cl. No. 2008-10501-AD, 2009-Ohio-2418. {¶5} Negligence on the part of defendant has been proven in respect to breaching inspection and maintenance duties. Kurkar v. Bowling Green State University (1991), 91-04934-AD; Schlemmer v. Bowling Green State University (1997), 97-05479-AD; Philip v. Miami University (2000), 99-15056-AD; Stout v. Miami Univ., Ct. of Cl. No. 2007-03510-AD, 2007-Ohio-4873. {¶6} Defendant is liable to plaintiff in the amount of $536.24, plus the $25.00 filing fee which may be reimbursed as compensable 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

SHANE J. GONTARZ

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 $561.24, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk

Entry cc: Shane J. Gontarz George T. Wendt, Risk Manager 37420 Fawn Path Drive Ohio University Solon, Ohio 44139 University Service Center 136 1 Ohio University Athens, Ohio 45701-2979

9/23 Filed 9/29/11 Sent to S.C. reporter 2/6/12