Kiser v. Ohio Veterans Home

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[Cite as Kiser v. Ohio Veterans Home, 2006-Ohio-7194.] IN THE COURT OF CLAIMS OF OHIO IRENE KISER : Plaintiff : v. : CASE NO. 2005-11639-AD OHIO VETERANS HOME : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} 1) On December 19, 2005, plaintiff, Irene Kiser, filed a complaint against defendant, Ohio Veterans Home, alleging defendant s staff lost a bed alarm she had purchased for her husband who Plaintiff had seeks been a damages resident of at $235.00 for defendant s property facility. loss. The filing fee was paid. {¶ 2} 2) On April 8, 2006, defendant filed an investigation report admitting liability for plaintiff s property loss and filing fee. {¶ 3} 3) On June 5, 2006, plaintiff filed a response expressing agreement with the investigation report. THE COURT CONCLUDES THAT: {¶ 4} 1) Sufficient proof defendant has been shown. Facility (1977), of liability on the part of Baisden v. Southern Ohio Correctional 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD. {¶ 5} 2) Plaintiff has suffered damages in the amount of $235.00, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Misc. 2d 19. Rehabilitation and Correction (1990), 62 Ohio IN THE COURT OF CLAIMS OF OHIO IRENE KISER : Plaintiff : v. : CASE NO. 2005-1639-AD OHIO VETERANS HOME : ENTRY OF ADMINISTRATIVE DETERMINATION Defendant : : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons concurrently set forth herewith, in the judgment is memorandum rendered decision in filed favor of plaintiff in the amount of $260.00, 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: Irene Kiser 12 Wedgewood Drive Norwalk, Ohio 44857 Plaintiff, Pro se Gregory J. Kowalski Chief Legal Counsel Ohio Veterans Home Agency 3416 Columbus Avenue Sandusky, Ohio 44870 For Defendant RDK/laa 6/8 Filed 6/20/06 Sent to S.C. reporter 3/16/07

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