Brostek v. N. Coast Behavioral Healthcare

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[Cite as Brostek v. N. Coast Behavioral Healthcare, 2005-Ohio-5418.] IN THE COURT OF CLAIMS OF OHIO JESSICA L. BROSTEK : Plaintiff : v. : CASE NO. 2005-08743-AD : MEMORANDUM DECISION NORTH COAST BEHAVIORAL HEALTHCARE : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} On June 25, 2005, plaintiff, Jessica L. Brostek, sustained property damage to her automobile while the vehicle was parked on a lot owned and operated by defendant, North Coast Behavioral Healthcare. {¶ 2} Plaintiff filed this complaint seeking to recover $250.00, her insurance coverage deductible for automotive repair, plus $25.00 for filing fee reimbursement. {¶ 3} Defendant filed an investigation report agreeing to pay plaintiff all damages requested. Plaintiff filed a response. CONCLUSIONS OF LAW {¶ 4} Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff s property. 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; Stewart v. Ohio National Guard (1979), 78-0342-AD. {¶ 5} Plaintiff has suffered damages in the amount of $250.00, 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 JESSICA L. BROSTEK : Plaintiff : v. : CASE NO. 2005-08743-AD : ENTRY OF ADMINISTRATIVE DETERMINATION NORTH COAST BEHAVIORAL HEALTHCARE : 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 $275.00, 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: Jessica L. Brostek 6492 Forest Park Drive North Ridgeville, Ohio Plaintiff, Pro se 44039 Marc Baumgarten, Chief Office of Legal Services Ohio Department of Mental Health 30 East Broad Street 8th Floor Columbus, Ohio 43266-0414 RDK/laa 9/8 Filed 9/21/05 Sent to S.C. reporter 10/11/05 For Defendant

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