Shockey v. Miami Univ. of Ohio
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[Cite as Shockey v. Miami Univ. of Ohio, 2009-Ohio-1982.] 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 JERRY B. SHOCKEY Plaintiff v. MIAMI UNIVERSITY OF OHIO Defendant Case No. 2008-10137-AD Clerk Miles C. Durfey MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On October 1, 2008, an automobile owned by plaintiff, Jerry B. Shockey, was damaged as a result of negligence on the part of an employee of defendant, Miami University, in conducting lawn maintenance activity on university grounds. {¶ 2} 2) Plaintiff filed this complaint seeking to recover $739.18, the cost of body repair for his 2004 Volkswagen Jetta GLS. The filing fee was paid. {¶ 3} 3) Defendant admitted liability for the cost of repairing plaintiff s property damage. {¶ 4} 4) Plaintiff filed a response expressing his agreement with defendant s position. CONCLUSIONS OF LAW {¶ 5} 1) Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff s property while performing any maintenance work. Hoelle v. Miami Univ., Ct. of Cl. No. 2005-06970-AD, 2005-Ohio-4643. In regards to the facts of this claim, negligence on the part of defendant has been shown. Rust v. Miami Univ., Ct. of Cl. No. 2005-01226-AD, 2005-Ohio-1248. {¶ 6} 2) Defendant is liable to plaintiff for damages claimed, $739.18, plus the $25.00 filing fee which 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. 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 JERRY B. SHOCKEY Plaintiff v. MIAMI UNIVERSITY OF OHIO Defendant Case No. 2008-10137-AD Clerk Miles C. Durfey ENTRY OF ADMINISTRATIVE DETERMINATION 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 $764.18, which includes the filing fee. Court costs are assessed against defendant. MILES C. DURFEY Clerk Entry cc: Jerry B. Shockey 100 Riverside Plaza, #304 Covington, Kentucky 41011 RDK/laa 1/14 Filed 1/29/09 Sent to S.C. reporter 4/24/09 Paul S. Allen Miami University Roudebush Hall Room 14 Oxford, Ohio 45056
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