Downs v. Burr Oak State Park

[Cite as Downs v. Burr Oak State Park, 2010-Ohio-1954.]
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
CRAIG A. DOWNS
Plaintiff
v.
BURR OAK STATE PARK
Defendant
Case No. 2009-07440-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Craig A. Downs, filed this action against defendant, Burr
Oak State Park, contending his 2009 Ford Ranger received paint damage on August
10, 2009 while parked on defendant’s premises. Plaintiff requested damage recovery in
the amount of $839.06 representing paint removal expenses he stated he incurred as a
result of the August 10, 2009 incident. Plaintiff submitted the $25.00 filing fee and he
has requested reimbursement of that cost along with his damage claim. Plaintiff also
requested reimbursement of the $4.00 bank fee for drafting a cashier’s check he
submitted to pay the filing fee. The cashier’s check fee is non-compensable.
{¶ 2} 2) Defendant filed an investigation report acknowledging plaintiff
stated a claim under Chapter 2743 of the Ohio Revised Code. Defendant agreed
plaintiff suffered property damage in the amount of $839.06 and filing fee costs in the
amount of $25.00. Defendant advised that any collateral source payment plaintiff
received for paint removal costs must be deducted from any damage award.1 In his
complaint, plaintiff denied he received any collateral source recovery for paint removal
expenses. The estimate for repair plaintiff submitted with his complaint noted
“Insurance Pay $839.06.”
CONCLUSIONS OF LAW
{¶ 3} 1) Negligence on the part of defendant has been shown. See
Gutridge v. Ohio Dept. of Natural Resources, Ct. of Cl. No. 2003-10821-AD, 2004-Ohio-
2889; Duncan v. Ohio Dept. of Adm. Servs., Ct. of Cl. No. 2007-08864, 2008-Ohio-
4187; Havens v. Ohio Dept. of Natural Resources (2009), 2008-10978-AD.
{¶ 4} 2) Plaintiff has suffered damages in the amount of $839.06, 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
CRAIG A. DOWNS
Plaintiff
v.
BURR OAK STATE PARK
Defendant
1
R.C. 2743.02(D) provides in part:
“(D) Recoveries against the state shall be reduced by the aggregate of insurance proceeds,
disability award, or other collateral recovery received by the claimant.”
Case No. 2009-07740-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 $864.06, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Craig A. Downs Charles G. Rowan, Deputy Chief Counsel
7895 Wrightstown Drive Department of Natural Resources
Chesterhill, Ohio 43728-8900 2045 Morse Road, Building D-3
Columbus, Ohio 43229-6693
RDK/laa
12/18
Filed 1/7/10
Sent to S.C. reporter 4/30/10