Morgan v. Ohio Univ. ( 2011 )

[Cite as Morgan v. Ohio Univ., 2011-Ohio-2752.]
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
LEEANNA M. MORGAN
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2010-11528-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} Plaintiff, Leanna M. Morgan, filed this action against defendant, Ohio
University (OU), requesting OU bear responsibility for damage to her 2006 Honda CRV
which occurred on October 14, 2010 during the time the vehicle was parked at lot 111
on the West Green of the OU campus. Plaintiff explained the rear left window on her
vehicle “was shattered” when the glass was struck with a baseball hit over the outfield
wall of the OU baseball diamond. In her complaint, plaintiff requested damages in the
amount of $228.86, the stated cost of a replacement window. The $25.00 filing fee was
paid and plaintiff requested reimbursement of that cost along with her damage claim.
{¶ 2} Defendant filed an investigation report stating: “Ohio University does not
contest this claim.”
CONCLUSIONS OF LAW
{¶ 3} Defendant is liable to plaintiff in the amount of $228.86, 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
LEANNA M. MORGAN
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2010-11528-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 $253.86, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Leanna M. Morgan George T. Wendt, Risk Manager
57 W. Franklin Street Ohio University
Nelsonville, Ohio 45764 160 Union Street
HDL Center 166H
Athens, Ohio 45701
RDK/laa
2/25
Filed 3/9/11
Sent to S.C. reporter 5/27/11