Wise v. Miami Univ.

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[Cite as Wise v. Miami Univ., 2007-Ohio-7245.] 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 DAVID WISE Case No. 2007-04621-AD Plaintiff Deputy Clerk Daniel R. Borchert v. MEMORANDUM DECISION MIAMI UNIVERSITY Defendant FINDINGS OF FACT {¶1} 1) On February 15, 2007, a car owned by plaintiff, David Wise, was damaged when the vehicle was improperly towed by an employee of defendant, Miami University. {¶2} 2) Plaintiff filed this complaint seeking to recover $306.51, the total cost of automotive repair he incurred as a result of the actions of defendant s personnel. The $25.00 filing fee was submitted with the complaint. {¶3} 3) Defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $306.51. Defendant also acknowledged plaintiff should receive reimbursement for his filing fee costs. CONCLUSIONS OF LAW {¶4} 1) Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff s property. In regard to the facts of this case, negligence on the part of defendant has been shown. See Jagoditz v. Miami University (2005), 200501986-AD. {¶5} 2) Plaintiff has suffered damages in the amount of $306.51. 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. Case No. 2007-04621-AD -2- ENTRY Case No. 2007-04621-AD -3- ENTRY 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 DAVID WISE Plaintiff Case No. 2007-04621-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 $331.51, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: David Wise 43925 Crestview Road Columbiana, Ohio 44408 Paul S. Allen Miami University Roudebush Hall, Room 14 Oxford, Ohio 45056 RDK/laa 12/19 Filed 12/28/07 Sent to S.C. reporter 2/5/08

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