Mayhew v. Cleveland State Univ.

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[Cite as Mayhew v. Cleveland State Univ., 2004-Ohio-3491.] IN THE COURT OF CLAIMS OF OHIO KIMBERLY A. MAYHEW : Plaintiff : v. : : CLEVELAND STATE UNIVERSITY Defendant CASE NO. 2004-03764-AD MEMORANDUM DECISION : ::::::::::::::::: FINDINGS OF FACT {¶1} 1) On November 12, 2003, plaintiff, Kimberly A. Mayhew, parked her vehicle at a garage owned and operated by defendant, Cleveland State University. Plaintiff s vehicle was damaged while parked at defendant s garage. Consequently, plaintiff filed this complaint seeking to recover $400.00, the cost she incurred for automotive repair. Plaintiff submitted the requisite filing fee. {¶2} 2) Defendant admitted liability for the damage to plaintiff s vehicle. CONCLUSIONS OF LAW {¶3} 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. {¶4} 2) Plaintiff has suffered damages in the amount of $400.00, 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. {¶5} 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 $425.00, which includes the filing fee. costs are assessed against defendant. Court 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: Kimberly A. Mayhew 22701 Lakeshore Blvd. #416A Euclid, Ohio 44123 Plaintiff, Pro se Nancy J. Cribbs University Legal Counsel Cleveland State University 2121 Euclid Avenue Rhodes Tower 1212 Cleveland, Ohio 44114 For Defendant RDK/laa 5/21 Filed 6/2/04 Sent to S.C. reporter 6/29/04

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