West v. Ohio Univ.
This text of 2010 Ohio 6200 (West v. Ohio Univ.) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[Cite as West v. Ohio Univ., 2010-Ohio-6200.]
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
DIANA WEST
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2010-07164-AD
Clerk Miles C. Durfey
MEMORANDUM DECISION
FINDINGS OF FACT {¶ 1} 1) Plaintiff, Diana West, filed this action against defendant, Ohio University, contending that the radiator on her 2007 Chrysler PT Cruiser was damaged as a proximate cause of negligence on the part of defendant in maintaining a hazardous roadway condition on a roadway area on the campus of Ohio University. In her complaint, plaintiff described her particular damage incident noting that “I turned on to Piggery Lane in the Ridges owned by Ohio University and because of the condition of the road, it ripped the bottom of my radiator out.” Plaintiff further noted that “Piggery Lane is a very narrow road and the bricks in the center of it are a lot higher than my wheels were.” Plaintiff requested damage recovery in the amount of $419.52, the total cost of automotive repairs and related expenses. The $25.00 filing fee was paid and plaintiff requested reimbursement of that cost along with her damage claim. {¶ 2} “2) Defendant filed an investigation report stating that “Ohio University does not contest this claim.” {¶ 3} “3) Plaintiff filed a response expressing her agreement with defendant’s position. CONCLUSIONS OF LAW {¶ 4} 1) Sufficient proof has been offered to establish the damage to the vehicle was proximately caused by negligence on the part of defendant. Lee v. University of Akron (1998), 97-12441-AD; Warren v. University of Akron (1999), 99- 01683-AD; Miller v. University of Akron (2001), 2001-04140-AD; Swigart v. Ohio Univ., Ct. of Cl. No. 2009-01581-AD, 2009-Ohio-2771. {¶ 5} 3) Defendant is liable to plaintiff for the damages claimed, $419.52, 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
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 $444.52, which includes the filing fee. Court costs are assessed against defendant.
MILES C. DURFEY Clerk
Entry cc:
Diana West George T. Wendt 5 Coventry Lane Ohio University Athens, Ohio 45701 HDL Center 166H Athens, Ohio 45701 RDK/laa 7/22 Filed 8/17/10 Sent to S.C. reporter 12/10/10
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2010 Ohio 6200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-ohio-univ-ohioctcl-2010.