Krook v. Miami Univ.
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[Cite as Krook v. Miami Univ., 2010-Ohio-3639.] 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 MELANIE KROOK Plaintiff v. MIAMI UNIVERSITY Defendant Case No. 2009-09515-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On October 28, 2009, a 2006 Honda Civic owned by plaintiff, Melanie Krook, 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 damages in the amount of $208.99, for replacement parts. The $25.00 filing fee was paid and plaintiff requested reimbursement of that cost along with her damage claim. {¶ 3} 3) Defendant filed an investigation report stating: The Defendant believes that the Plaintiff has filed a valid claim for items totaling $233.99. CONCLUSIONS OF LAW {¶ 4} 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; Laux v. Cleveland State Univ., Ct. of Cl. No. 2007-01410-AD, 2007-Ohio-2409; Dunlap v. Ohio University, Ct. of Cl. No. 200906010-AD, 2009-Ohio-7081. {¶ 5} 2) Consequently, defendant is liable to plaintiff for the damaged claimed, $208.99, 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 MELANIE KROOK Plaintiff v. MIAMI UNIVERSITY Defendant Case No. 2009-09515-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 plaintiff in the amount of $233.99, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Melanie Krook 117 Thomson Hall Oxford, Ohio 45056 RDK/laa 3/5 Filed 3/19/10 Sent to S.C. reporter 8/6/10 Paul S. Allen Miami University Roudebush Hall Room 14 Oxford, Ohio 45056
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