[Cite as Swigart v. Ohio Univ., 2009-Ohio-2771.]
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
KEITH SWIGART, et al.
Plaintiffs
v.
OHIO UNIVERSITY
Defendant
Case No. 2009-01581-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1)
On November 7, 2008, plaintiff, Jillian Swigart, parked a leased 2003
Mitsubishi Eclipse in a parking garage owned and operated by defendant, Ohio
University. The paint finish on the car was damaged when a caustic liquid substance
dripped from the ceiling area of defendant’s parking garage onto the vehicle. Plaintiffs,
Jillian Swigart and Keith Swigart, filed this action seeking to recover $485.39, the total
cost of repairing the damaged 2003 Mitsubishi Eclipse. Plaintiffs have asserted the car
was damaged as a proximate cause of negligence on the part of defendant in
maintaining the parking garage free of hazardous conditions. The $25.00 filing fee was
paid.
{¶ 2} 2)
Defendant filed an investigation report noting: “Ohio University does
not contest this claim-our internal investigation confirms the probability of the damage to
this car being caused by a leaking substance in the garage.”
{¶ 3} 3)
Plaintiff, Keith Swigart, filed a response.
CONCLUSIONS OF LAW
{¶ 4} 1)
Sufficient proof has been offered to establish the damage to the
vehicle was proximately caused by negligence on the part of defendant.
Lee v.
University of Akron (1998), 97-12441-AD; Warren v. University of Akron (1999), 9901683-AD; Miller v. University of Akron (2001), 2001-04140-AD.
{¶ 5} 2)
Plaintiffs have suffered damages in the amount of $485.39.
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.
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
KEITH SWIGART, et al.
Plaintiffs
v.
OHIO UNIVERSITY
Defendant
Case No. 2009-01581-AD
Deputy Clerk Daniel R. Borchert
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 plaintiffs in the amount of $485.39, which includes the filing fee. Judgment for filing
fee costs of $25.00 is rendered in favor of plaintiff, Keith Swigart. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Keith Swigart
Jillian Swigart
7599 Windsor Drive
Dublin, Ohio 43016
RDK/laa
3/9
Filed 3/18/09
Sent to S.C. reporter 6/11/09
David F. Hopka
Assistant Vice President,
Safety & Risk Management
Ohio University
HRTC 122
Athens, Ohio 45701
