Wicks v. Miami Univ.
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[Cite as Wicks v. Miami Univ., 2005-Ohio-7098.] IN THE COURT OF CLAIMS OF OHIO ANN BARROTT WICKS : Plaintiff : v. : CASE NO. 2005-09073-AD : MEMORANDUM DECISION MIAMI UNIVERSITY Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On December 25, 2004, plaintiff, Ann Barrott Wicks, suffered property loss when her books and teaching materials received water damage when a ceiling pipe in her office burst. Plaintiff is an employee of defendant, Miami University, and her office is located in the Art Building on defendant s campus. {¶ 2} 2) Plaintiff estimated her water damaged property had a replacement value of $2,800.59. Plaintiff filed this complaint seeking the to recoverable recover $2,500.00, for Administrative R.C. 2743.10). an statutory maximum Determination claim amount (see Plaintiff noted she carries insurance coverage for this type of personal property subject to a $1,000.00 deductible and a $1,000.00 limit. Plaintiff s total out-of-pocket loss for her water damaged property amount to $1,800.00. The filing fee was paid. {¶ 3} 3) Defendant admitted liability for plaintiff s property loss. receive However, defendant maintained any recovery plaintiff may should be off-set by insurance proceeds available. Plaintiff requested damages in the amount of $1,800.00, her total loss not covered by insurance. {¶ 4} 4) On November 21, 2005, plaintiff filed a response to defendant s investigation report expressing her agreement with defendant s position. CONCLUSIONS OF LAW {¶ 5} 1) Defendant, by exercising control over the piping system in plaintiff s office, was under a duty to maintain the system in good and safe working order. Mosebach v. Miami University of Ohio (1990), 90-02431-AD. {¶ 6} 2) Negligence on the part of defendant has been proven in respect to breaching inspection and maintenance duties. Krukar v. Bowling Green State University (1991), 91-04934-AD; Schlemmer v. Bowling Green State University (1997), 97-05479-AD; Philip v. Miami University (2000), 99-15056-AD. {¶ 7} 3) R.C. 3345.40(B)(2) states in pertinent part: {¶ 8} 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. {¶ 9} Thus, pursuant to the statutory requirement of R.C. 3345.40(B)(2), compensation for the water damaged property shall be limited to $1,800.00, plaintiff s stated out-of-pocket expense. {¶ 10} 4) Plaintiff has suffered damages in the amount of $1,800.00, 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 ANN BARROTT WICKS : Plaintiff : v. : CASE NO. 2005-09073-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 herewith, judgment is rendered in favor of plaintiff in the amount of $1,825.00, 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: Ann Barrott Wicks 205 North Ridge Drive Oxford, Ohio 45056 Plaintiff, Pro se Paul S. Allen Court of Claims Coordinator Miami University Roudebush Hall Room 14 Oxford, Ohio 45056 For Defendant DRB/RDK/laa 11/29 Filed 12/9/05 Sent to S.C. reporter 1/9/06
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