Lyon Video, Inc. v. Miami Univ.
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[Cite as Lyon Video, Inc. v. Miami Univ., 2005-Ohio-3655.] IN THE COURT OF CLAIMS OF OHIO LYON VIDEO, INC. : Plaintiff : v. : CASE NO. 2005-01129-AD : MEMORANDUM DECISION MIAMI UNIVERSITY Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On January 5, 2005, plaintiff, Lyon Video, Inc., filed a complaint against defendant, Miami University, alleging the corporation s van was damaged as a result of negligence on the part of defendant s employee in operating a vehicle owned by defendant. {¶ 2} 2) Plaintiff sought damages in the amount of $962.67, the cost for automotive repair. Plaintiff acknowledged the corporation carries insurance coverage for automotive property damage with a $1,000.00 deductible provision. The $25.00 filing fee was paid. {¶ 3} 3) On May 4, 2005, defendant filed an investigation report admitting liability for plaintiff s property damage, but asserting damage recovery should be limited to collateral source availability. CONCLUSIONS OF LAW {¶ 4} 1) Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff s property while operating a university owned vehicle. In regard to the facts of this claim, negligence on the part of defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Case No. 2005-01129-AD -2- MEMORANDUM DECISION Stewart v. Ohio National Guard (1979), 78-0342-AD. {¶ 5} 2) R.C. 3345.40(B)(2) states in pertinent part: {¶ 6} If a plaintiff receives or is entitled to receive benefits for injuries or loss allegedly incurred from a policy or policies of insurance or any other source, the benefits shall be disclosed to the court, and the amount of the benefits shall be deducted from any award against the state university or college recovered by plaintiff. {¶ 7} Thus, pursuant to the statutory requirement of R.C. 3345.40(B)(2), compensation for the automotive repair expenses is subject to available collateral sources. {¶ 8} 3) Plaintiff has suffered damages in the amount of $962.67, 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. IN THE COURT OF CLAIMS OF OHIO LYON VIDEO, INC. : Plaintiff : v. : CASE NO. 2005-01129-AD : ENTRY OF ADMINISTRATIVE DETERMINATION MIAMI UNIVERSITY Defendant : : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently Case No. 2005-01129-AD -3- MEMORANDUM DECISION herewith, judgment is rendered in favor of plaintiff in the amount of $987.67, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. DANIEL R. BORCHERT Deputy Clerk Entry cc: Lawrence D. Abramson 695 Bryden Road Columbus, Ohio 43205 Attorney for Plaintiff Paul S. Allen Court of Claims Coordinator Miami University Roudebush Hall Room 14 Oxford, Ohio 45056 For Defendant RDK/laa 6/9 Filed 6/24/05 Sent to S.C. reporter 7/20/05
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