Wertenberger v. Ohio Veterans Home Agency

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[Cite as Wertenberger v. Ohio Veterans Home Agency, 2006-Ohio-191.] IN THE COURT OF CLAIMS OF OHIO MARGARET WERTENBERGER : Plaintiff : v. : CASE NO. 2005-11027-AD : MEMORANDUM DECISION OHIO VETERANS HOME AGENCY Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On November 16, 2005, plaintiff, Margaret Wertenberger, filed a complaint against defendant, Ohio Veterans Home, alleging her deceased husband s wheelchair accessories were lost while under the custody and care of defendant s staff. Plaintiff seeks damages in the amount of $44.93 for replacement wheelchair parts. The filing fee was paid. {¶ 2} 2) On November 28, 2005, defendant filed an investigation report admitting responsibility for plaintiff s claimed loss. Defendant agreed plaintiff should be awarded damages in the amount of $44.93, plus $25.00 for filing fee reimbursement. {¶ 3} 3) On December 12, 2005, plaintiff filed a response. CONCLUSIONS OF LAW {¶ 4} 1) In regard to the facts of this claim, negligence on the part of defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD. {¶ 5} 2) Plaintiff has suffered damages in the amount of $44.93, 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. IN THE COURT OF CLAIMS OF OHIO MARGARET WERTENBERGER : Plaintiff : v. : CASE NO. 2005-11027-AD : ENTRY OF ADMINISTRATIVE DETERMINATION OHIO VETERANS HOME AGENCY Defendant : : : : : : : : : : : : : : : : : : 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 $69.93, 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: Margaret Wergtenberger 4618 Pinewood Drive #222 Sandusky, Ohio 44870 Plaintiff, Pro se Gregory J. Kowalski Chief Legal Counsel Ohio Veterans Home Agency 3416 Columbus Avenue Sandusky, Ohio 44870 For Defendant RDK/laa 12/22 Filed 1/5/06 Sent to S.C. reporter 1/20/06

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