Henicle v. Ohio Univ.
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[Cite as Henicle v. Ohio Univ., 2010-Ohio-5223.] 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 LAUREN R. HENICLE Plaintiff v. OHIO UNIVERSITY Defendant Case No. 2010-06338-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On January 20, 2010, plaintiff, Lauren R. Henicle, parked her 2000 Chevrolet S10 truck in a parking garage owned and operated by defendant, Ohio University. Plaintiff related she subsequently received a call from parking services informing me that there was a white liquid leaking onto my windshield and hood of my truck. Plaintiff advised she attempted to wash the liquid substance from her truck, but the substance could not be removed at the car wash. Plaintiff asserted her truck was damaged as a proximate cause of negligence on the part of defendant in maintaining a hazardous condition on university premises and she has consequently filed this complaint seeking to recover damages in the amount of $703.40, representing the cost of ineffective washes and the cost of repainting her truck. In her complaint, plaintiff provided evidence that she maintains insurance coverage with a $250.00 deductible provision. The filing fee was paid and plaintiff requested reimbursement of that cost along with her damage claim. {¶ 2} 2) Defendant filed an investigation report stating, Ohio University does not contest this claim. Defendant requested the amount plaintiff be entitled to recover be no more than the plaintiff s deductible of $250 plus the cost of her car wash charges $25, and the filing fee. CONCLUSIONS OF LAW {¶ 3} 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; Warren v. University of Akron (1999), 99-01683AD; Miller v. University of Akron (2001), 2001-04140-AD; Swigart v. Ohio Univ., Ct. of Cl. No. 2009-01581-AD, 2009-Ohio-2771. {¶ 4} 2) R.C. 2743.02(D) provides: {¶ 5} (D) Recoveries against the state shall be reduced by the aggregate of insurance proceeds, disability award, or other collateral recovery received by the claimant. This division does not apply to civil actions in the court of claims against a state university or college under the circumstances described in section 3345.40 of the Revised Code. The collateral benefits provisions of division (B)(2) of that section apply under those circumstances. {¶ 6} Also, R.C. 3345.40(B)(2) states in pertinent part: {¶ 7} If a plaintiff receives or is entitled to receive benefits for injuries or loss allegedly incurred from a policy or policies of insurance or any other source, the benefits shall be disclosed to the court, and the amount of the benefits shall be deducted from any award against the state university or college recovered by plaintiff. {¶ 8} 3) Defendant is liable to plaintiff for her insurance coverage deductible and car wash expense, $275.00, 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 LAUREN R. HENICLE Plaintiff v. OHIO UNIVERSITY Defendant Case No. 2010-06338-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 $300.00, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Lauren R. Henicle 8849 Pineville Road Shippensburg, PA 17257 RDK/laa George T. Wendt Ohio University 160 West Union Street HDL Center 166H Athens, Ohio 45701 6/16 Filed 6/28/10 Sent to S.C. reporter 10/22/10
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