Stout v. Miami Univ.
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[Cite as Stout v. Miami Univ., 2007-Ohio-4873.] 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 SARAH ANNE STOUT Case No. 2007-03510-AD Plaintiff Deputy Clerk Daniel R. Borchert v. MEMORANDUM DECISION MIAMI UNIVERSITY Defendant [Cite as Stout v. Miami Univ., 2007-Ohio-4873.] FINDINGS OF FACT {¶1} 1) During the December, 2006 to January, 2007, Winter Break period, a steam pipe leak in a room at a student housing facility owed by defendant, Miami University, caused damage to personal property owned by plaintiff, Sarah Anne Stout, a resident student attending defendant university. {¶2} 2) Consequently, plaintiff filed this complaint seeking to recover $1,438.12, the replacement cost of the property destroyed as a result of the steam pipe leak. The filing fee was paid. {¶3} 3) Defendant admitted liability for plaintiff s property loss in the amount of 4) On July 16, 2007, plaintiff filed a response to defendant s investigation $1,438.12. {¶4} report expressing her agreement with the defendant s admission of liability and damages. CONCLUSIONS OF LAW {¶5} 1) Defendant, by exercising control over the piping system in the student housing facility, 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) Plaintiff has suffered damages in the amount of $1,438.12. The $25.00 filing fee 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. [Cite as Stout v. Miami Univ., 2007-Ohio-4873.] 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 SARAH ANNE STOUT Plaintiff Case No. 2007-03510-AD Deputy Clerk Daniel R. Borchert v. MIAMI UNIVERSITY ENTRY OF ADMINISTRATIVE DETERMINATION 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 $1,463.12, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Sarah Anne Stout 17650 Parkland Drive Shaker Hts., Ohio 44120 RDK/laa 6/13 Filed 7/26/07 Sent to S.C. reporter 9/20/07 Paul S. Allen Court of Claims Coordinator Miami University Roudebush Hall, Room 14 Oxford, Ohio 45056
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