Arthur v. Ohio Veterans Home ( 2011 )

[Cite as Arthur v. Ohio Veterans Home, 2011-Ohio-2737.]
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
DEBRA A. ARTHUR
Plaintiff
v.
OHIO VETERANS HOME
Defendant
Case No. 2010-10378-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Debra A. Arthur, filed this action against defendant, Ohio
Veterans Home (OVH), contending her books/magazines were lost while under the
control of OVH staff at sometime during November 2009. Plaintiff requested damages
in the amount of $101.90, the stated replacement cost of the books/magazines. The
filing fee was paid.
{¶ 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, 2006-
Ohio-191.
{¶ 4} 2) Plaintiff has suffered damages in the amount of $101.90, 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
DEBRA A. ARTHUR
Plaintiff
v.
OHIO VETERANS HOME
Defendant
Case No. 2010-10378-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 $126.90, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Debra A. Arthur Gregory J. Kowalski, Chief Legal Counsel
1321 Milan Road Ohio Veterans Homes
Sandusky, Ohio 44870 Sandusky, Ohio 44870
RDK/laa
2/22
Filed 3/9/11
Sent to S.C. reporter 5/27/11