Klosterman v. Ohio Veterans Home
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[Cite as Klosterman v. Ohio Veterans Home, 2011-Ohio-2891.] 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 JOSEPH KLOSTERMAN, et al. Plaintiffs v. OHIO VETERANS HOME Defendant Case No. 2010-10246-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Joseph Klosterman, a resident at defendant, Ohio Veterans Home (OVH), filed this action contending that a wheelchair purchased for him was lost while under the control of OVH staff during May 2010. Plaintiff, Rosemary Klosterman, who has power of attorney for plaintiff, Joseph Klosterman, signed the complaint and stated in the body of the complaint that she purchased the wheelchair that was subsequently lost at OVH. Plaintiffs requested damages in the amount of $352.76, the stated cost of a replacement wheelchair. The filing fee was paid by defendant. {¶ 2} 2) Defendant filed an investigation report admitting responsibility for the loss claimed, plus filing fee reimbursement. CONCLUSIONS OF LAW {¶ 3} 1) Sufficient proof of liability on the part of defendant has been shown. Bauman v. Ohio Veterans Home, Ct. of Cl. No. 2003-01016-AD, 2003-Ohio-2617; Wertenberger v. Ohio Veterans Home Agency, Ct. of Cl. No. 2005-11027-AD, 2006Ohio-191. {¶ 4} 2) Plaintiffs have suffered damages in the amount of $352.76, plus $25.00 which constitutes costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990. 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 JOSEPH KLOSTERMAN, et al. Plaintiffs v. OHIO VETERANS HOME Defendant Case No. 2010-10246-AD Deputy Clerk Daniel R. Borchert ENTRY OF ADMINISTRATIVE DETERMINATION 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 plaintiffs Joseph Klosterman and Rosemary Klosterman in the amount of $377.76, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Joseph Klosterman Rosemary Klosterman 3416 S. Columbus Sandusky, Ohio 44870 RDK/laa 2/22 Filed 3/17/11 Sent to S.C. reporter 6/9/11 Gregory J. Kowalski, Chief Legal Counsel Ohio Veterans Homes 3416 Columbus Avenue Sandusky, Ohio 44870
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