Motorists Mut. Ins. Co. v. Twin Valley Behavioral Health Care
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[Cite as Motorists Mut. Ins. Co. v. Twin Valley Behavioral Health Care, 2004-Ohio-3492.] IN THE COURT OF CLAIMS OF OHIO MOTORISTS MUTUAL INSURANCE COMPANY, et al. : : Plaintiffs : v. CASE NO. 2003-10601-AD : TWIN VALLEY BEHAVIORAL HEALTH CARE : Defendant ::::::::::::::::: MEMORANDUM DECISION FINDINGS OF FACT {¶1} 1) On May 22, 2003, an automobile owned by plaintiff, Kulyanee Srinilta, was paint damaged while parked on the grounds of defendant, Twin Valley Behavioral Health Care. {¶2} 2) Plaintiff, Kulyanee Srinilta, filed this complaint seeking to recover $500.00, the insurance coverage deductible for automotive repair resulting from the May 22, 2003, incident. Plaintiff, Motorists Mutual Insurance Company, filed requesting damages in the amount of $280.97 for reimbursement of funds disbursed to cover repair costs to Srinilta s vehicle. The requisite filing fee was paid. {¶3} 3) Defendant admitted liability and acknowledged plaintiff, Kulyanee Srinilta, suffered damages in the amount of $500.00. However, defendant asserted plaintiff, Motorists Mutual Insurance Company is not entitled to pursue a subrogation claim in this court. See Community Ins. Co. v. Dept. of Transp., 92 Ohio St. 3d 376, 2001-Ohio-208. CONCLUSIONS OF LAW {¶4} 1) An insurer who has been granted the right of subrogation by an insured, or whose behalf the insurer has paid expenses incurred as a result of negligent conduct on the part of the state, is subject to the statute (R.C. 2743.02(D)), which mandates reduction in recoveries against the state by the aggregate of insurance proceeds . . . received by the claimant. Community Ins., id. In the instant claim, any damages plaintiff Kulyanee Srinilta is entitled to recover, would be reduced by any insurance proceeds received from plaintiff, Motorist Mutual Insurance Company. See R.C. 2743.02(D). As a subrogated insurance carrier, plaintiff, Motorists Mutual, acquires no greater rights against defendant than its insured, Srinilta, and therefore, cannot recover any portion of its insurance payments from defendant. Such a ruling is consistent with legislative intent to perserve public funds while also providing reimbursement for an uninsured claimant. See Community Ins., supra, at 378. Consequently, the claim of plaintiff, Motorist Mutual, is dismissed. {¶5} 2) Negligence on the part of defendant has been shown in respect to the loss of plaintiff, Srinilta. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342AD. The court finds defendant liable to plaintiff, Srinilta in the amount of $500.00. {¶6} 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, Kulyanee Srinilta in the amount of $500.00. The claim of plaintiff, Motorist Mutual Insurance Company is DISMISSED. assessed against defendant. Court costs are 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: Steven J. Zeehandelar Cheek & Zeehandelar 471 East Broad Street, 12 Floor Columbus, Ohio 43215 Attorney for plaintiffs Janice R. Franke, Staff Counsel Ohio Department of Mental Health 30 East Broad Street, 8th Floor Columbus, Ohio 43215-3430 RDK/laa 5/21 Filed 6/2/04 Sent to S.C. reporter 6/29/04 For Defendant
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