Bueschel v. Miami Univ.

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[Cite as Bueschel v. Miami Univ., 2003-Ohio-6599.] IN THE COURT OF CLAIMS OF OHIO BRUCE BUESCHEL, et al. Plaintiffs : : v. : MIAMI UNIVERSITY Defendant CASE NO. 2003-09360-AD : MEMORANDUM DECISION : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On September 2, 2003, plaintiffs, Bruce and Ellen Bueschel, filed a complaint against defendant, Miami University, alleging defendant s negligence caused damage to their personal property, interfered with their leasehold interest in real property, and resulted in related costs. Plaintiffs seek damages in the amount of $2,027.00. Plaintiffs submitted the filing fee on September 11, 2003; {¶3} 2) On October 8, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages to their personal property. {¶4} THE COURT CONCLUDES THAT: {¶5} 1) I find, by a preponderance of the evidence, negligence by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD; {¶6} 2) Plaintiffs have suffered damages in the amount of $2,002.00, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19. {¶7} 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 $2,027.00, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. DANIEL R. BORCHERT Deputy Clerk Entry cc: Bruce Bueschel Ellen Bueschel 414 East Chestnut Street Oxford, Ohio 45056 Plaintiffs, Pro se Paul S. Allen Court of Claims Coordinator Miami University Roudebush Hall Room 218 Oxford, Ohio 45056 For Defendant RDK/laa 10/28 Filed 11/13/03 Sent to S.C. reporter 12/9/03

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