Shechet v. Cleveland State Univ.

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[Cite as Shechet v. Cleveland State Univ., 2005-Ohio-3071.] IN THE COURT OF CLAIMS OF OHIO ARLENE SHECHET : Plaintiff : v. : CASE NO. 2005-02265-AD : MEMORANDUM DECISION CLEVELAND STATE UNIV. Defendant : : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} 1) On February 2, 2005, plaintiff, Arlene Shechet, filed a complaint against defendant, Cleveland State University, alleging her art pieces were damaged while under the control and care of defendant. Plaintiff sought damages in the amount of $1,375.00 for unreimbursed compensation. Plaintiff submitted the filing fee with the complaint; {¶ 2} 2) On April 13, 2005, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered unrecovered damages in the amount of $1,000.00; {¶ 3} 3) On April 29, 2005, plaintiff filed a response expressing agreement with defendant that her unrecovered damages amount to $1,000.00. THE COURT CONCLUDES THAT: {¶ 4} 1) I find, by a preponderance of the evidence, negligence by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD; {¶ 5} 2) Plaintiff has suffered damages in the amount of $1,000.00, 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 ARLENE SHECHET : Plaintiff : v. : CASE NO. 2005-02265-AD : ENTRY OF ADMINISTRATIVE DETERMINATION CLEVELAND STATE UNIV. Defendant : : : : : : : : : : : : : : : : : : 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 $1,025.00, 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: Arlene Shechet 52 White Street New York, New York Plaintiff, Pro se 10013 Somali B. Wilson University Legal Counsel Cleveland State University 2121 Euclid Avenue Rhodes Tower 1212 Cleveland, Ohio 44114-2214 RDK/laa 5/4 For Defendant Filed 5/24/05 Sent to S.C. reporter 6/17/05

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