Raccuia v. Kent State Univ.

2009 Ohio 7101

• Court: Ohio Court of Claims
• Decided: December 23, 2009
• Docket: 2007-06675
• Status: Published

Opinion

[Cite as Raccuia v. Kent State Univ., 2009-Ohio-7101.]

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

MICHAEL RACCUIA dba MICHREN COMPANY

Plaintiff/Counter Defendant

v.

KENT STATE UNIVERSITY

Defendant/Counter Plaintiff Case No. 2007-06675

Judge Joseph T. Clark

JUDGMENT ENTRY

{¶ 1} On December 17, 2009, this case was tried to the court on the issue of liability. At the close of plaintiff/counter defendant’s, Michael Raccuia dba Michren Company (Raccuia) case, defendant/counter plaintiff, Kent State University (KSU), moved for dismissal of Raccuia’s complaint pursuant to Civ.R. 41(B)(2). The court finds that Raccuia failed to produce sufficient evidence to support his claim and that upon the facts and the law Raccuia has shown no right to relief. Accordingly, the court GRANTS KSU’s motion. {¶ 2} In addition, KSU presented no evidence to support its counterclaim. Therefore, the court sua sponte DISMISSES KSU’s counterclaim. {¶ 3} Judgment is hereby rendered in favor of KSU on Raccuia’s complaint pursuant to Civ.R. 41(B)(2), and KSU’s counterclaim is DISMISSED. Court costs are assessed against Raccuia. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. Case No. 2007-06675 -2- JUDGMENT ENTRY

_____________________________________ JOSEPH T. CLARK Judge

cc:

Kristin S. Boggs Michael Raccuia Scott Branam dba Michren Company William C. Becker 3772 Mapleleaf Hill Assistant Attorneys General Akron, Ohio 44333 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130

HTS/cmd Filed December 23, 2009 To S.C. reporter January 19, 2010