Bobo v. Ohio Univ.

[Cite as Bobo v. Ohio Univ., 2011-Ohio-6968.]
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
MICHELLE BOBO
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2011-08393-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶1} During the week of April 25, 2011, plaintiff, Michelle Bobo, sustained
property damage to her automobile while the vehicle was parked on a lot owned and
operated by defendant, Ohio University. Specifically, the car suffered damage to the
hood of the car by an errant softball from an adjacent field. Plaintiff pointed out she
maintains insurance coverage for the vehicle with a $250.00 deductible. The filing fee
was paid.
{¶2} Plaintiff filed her complaint seeking to recover $414.64, the cost of her
automotive repairs and reimbursement of the filing fee. The $25.00 filing fee was paid.
{¶3} On July 13, 2011, defendant submitted an investigation report wherein
defendant states that plaintiff’s claim is limited to reimbursement of her insurance
deductible and reimbursement of the filing fee.
CONCLUSIONS OF LAW
{¶4} In regard to the facts of this claim, liability on the part of defendant has not
been disputed. See Couser v. Wright State University, Ct. of Cl. No. 2004-07344-AD,
2004-Ohio-5422.
{¶5} 2R.C. 3345.40(B)(2) states in pertinent part:
{¶6} “If a plaintiff receives or is entitled to receive benefits for injuries or loss
allegedly incurred from a policy or policies of insurance or any other source, the benefits
shall be disclosed to the court, and the amount of the benefits shall be deducted from
any award against the state university or college recovered by plaintiff."
{¶7} Thus, pursuant to the statutory requirement of R.C. 3345.40(B)(2),
compensation for the automotive repair expenses shall be limited to $250.00, plaintiff’s
stated insurance deductible.
{¶8} Plaintiff has suffered damages in the amount of $250.00, plus the $25.00
filing fee, which may be reimbursed as compensable damages pursuant to the holding
in 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
MICHELLE BOBO
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2011-08393-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 $275.00, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Michelle Bobo George T. Wendt, Risk Manager
4547 Jarvis Road Ohio University
Guysville, Ohio 45735 49 Factory Street
Facilities Management 136
Athens, Ohio 45701
9/1
Filed 9/21/11
Sent to S.C. reporter 1/27/12