Kumar v. Miami Univ.
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[Cite as Kumar v. Miami Univ., 2006-Ohio-7301.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us SACHIN KUMAR Plaintiff Case No. 2006-05501-AD Daniel R. Borchert Deputy Clerk v. MEMORANDUM DECISION MIAMI UNIVERSITY Defendant {¶ 1} 1) FINDINGS OF FACT On August 24, 2006, an automobile owned by plaintiff, Sachin Kumar, was damaged when the vehicle was struck by a falling tree limb while parked at a lot located on the campus of defendant, Miami University. {¶ 2} 2) Plaintiff filed this complaint seeking to recover $500.00, his insurance coverage deductible for automotive repair, plus $25.00 for filing fee reimbursement. The filing fee was paid. {¶ 3} 3) Defendant admitted liability in this action and contended plaintiff s damages should be limited by any available collateral source recovery. CONCLUSIONS OF LAW {¶ 4} 1) In regard to the facts of this case, 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) R.C. 3345.40(B)(2) states in pertinent part: {¶ 6} If a plaintiff receives or is entitled to receive benefits for injuries or loss allegedly incurred from a policy or policies of insurance or any other source, the benefits shall be disclosed to the court, and the amount of the benefits shall be deducted from any award against the state university or college recovered by plaintiff. {¶ 7} Thus, pursuant to the statutory requirement of R.C. 3345.40(B)(2), compensation for the automotive repair expenses is subject to available collateral sources. {¶ 8} 3) Plaintiff has suffered damages in the amount of $500.00, 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. Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us SACHIN KUMAR Case No. 2006-05501-AD Daniel R. Borchert Deputy Clerk Plaintiff v. ENTRY OF ADMINISTRATIVE DETERMINATION MIAMI UNIVERSITY 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 $525.00, 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: Sachin Kumar 616 S. College Avenue, Apt. 93 Oxford, Ohio 45056 Plaintiff, Pro se Paul S. Allen Court of Claims Coordinator Miami University Roudebush Hall Room 14 For Defendant Oxford, Ohio 45056 RDK/laa 9/21 Filed 9/29/06 Sent to S.C. reporter 6/21/07
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