Wuchich v. Mansfield Correctional Inst. , 2011 Ohio 1756 ( 2011 )

[Cite as Wuchich v. Mansfield Correctional Inst., 2011-Ohio-1756.]
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
DIANE S. WUCHICH
Plaintiff
v.
MANSFIELD CORRECTIONAL INSTITUTION
Defendant
Case No. 2010-09426-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} “1) Plaintiff, Diane S. Wuchich, filed this action against defendant,
Mansfield Correctional Institution (ManCI), contending her 2009 Hummer H3T was
damaged while parked in a parking lot on ManCI grounds. Specifically, plaintiff
contended the driver’s side rear door on her vehicle was dented as a proximate cause
of negligence on the part of a ManCI maintenance crew conducting lawn mowing and
weed eating operations on July 1, 2010 around the parking lot area. In her complaint,
plaintiff provided estimates for automotive repair costs to repair her damaged vehicle.
The amounts of the provided estimates were $409.49 and $632.10. Plaintiff did not
designate a specific amount request in her complaint. The filing fee was paid.
{¶ 2} “2) Defendant filed an investigation report admitting liability for plaintiff’s
property damage and acknowledging damages in the amount of $409.49. Plaintiff did
not respond.
CONCLUSIONS OF LAW
{¶ 3} “1) Defendant was charged with a duty to exercise reasonable care for
the protection of plaintiff’s property while performing any maintenance work. Hoelle v.
Miami Univ., Ct. of Cl. No. 2005-06970-AD, 2005-Ohio-4643. In regards to the facts of
this claim, negligence on the part of defendant has been shown. Rust v. Miami Univ.,
Ct. of Cl. No. 2005-01226-AD, 2005-Ohio-1248; Laux v. Cleveland State Univ., Ct. of Cl.
No. 2007-01410-AD, 2007-Ohio-2409; Dunlap v. Ohio University, Ct. of Cl. No. 2009-
06010-AD, 2009-Ohio-7081.
{¶ 4} “2) Consequently, defendant is liable to plaintiff for the damage claimed,
$409.49, plus the $25.00 filing fee which may be reimbursed as compensable 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
DIANE S. WUCHICH
Plaintiff
v.
MANSFIELD CORRECTIONAL INSTITUTION
Defendant
Case No. 2010-09426-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 plaintiff in the amount of $434.49, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Diane S. Wuchich Gregory C. Trout, Chief Counsel
133 Mohican Trail Department of Rehabilitation
Lexington, Ohio 44904 and Correction
770 West Broad Street
Columbus, Ohio 43222
RDK/laa
Filed 1/26/11
Sent to S.C. reporter 4/8/11