Storts v. Ohio Univ.

2011 Ohio 5317

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

CAROL J. STORTS

Plaintiff

v.

OHIO UNIVERSITY

Defendant

Case No. 2011-05670-AD

Acting Clerk Daniel R. Borchert

MEMORANDUM DECISION

THE COURT FINDS THAT:

{¶1} On April 8, 2011, plaintiff, Carol Storts, filed a complaint against defendant, Ohio University, alleging she suffered personal injury when she tripped on “plastic floor covering that was not taped down.” Plaintiff sought damages in the amount of $975.14, the total cost of medical expenses and reimbursement of the filing fee. Plaintiff submitted the $25.00 filing fee with her complaint.

{¶2} On May 25, 2011, defendant filed an investigation report stating that “Ohio University does not contest this claim” and acknowledging plaintiff suffered unrecovered damages in the amount of $975.14.

{¶3} Plaintiff did not file a response.

THE COURT CONCLUDES THAT:

{¶4} Liability on the part of defendant has been established. See Thresher Bros., Inc. v Eichel (1933), 1933 Ohio Misc. 15 Ohio L Abs 642.

{¶5} Plaintiff has suffered damages in the amount of $975.14, which includes 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, 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

CAROL J. STORTS

Plaintiff

v.

OHIO UNIVERSITY

Defendant

Case No. 2011-05670-AD

Acting 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 $975.14, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Acting Clerk

Entry cc:

Carol J. Storts George T. Wendt, Risk Manager 16000 Egypt Pike Ohio University

Clarksburg, Ohio 43115 160 Union Street HDL Center 166 H Athens, Ohio 45701

SJM/laa 6/13 Filed 7/18/11 Sent to S.C. reporter 10/13/11