Clark v. Ohio Veterans Home

[Cite as Clark v. Ohio Veterans Home, 2011-Ohio-6970.]
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
ROBERT CLARK
Plaintiff
v.
OHIO VETERANS HOME
Defendant
Case No. 2011-09420-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶1} On July 13, 2011, plaintiff, Robert Clark, filed a complaint against
defendant, Ohio Veterans Home, alleging his personal property was damaged after one
of defendant’s employees inadvertently spilled hot candle wax on plaintiff’s chair and gift
box. Plaintiff submitted receipts in the amount of $557.49 for the replacement cost of
the damaged items. The filing fee was paid by defendant.
{¶2} Defendant filed an investigation report admitting responsibility for the loss
claimed, plus filing fee reimbursement.
CONCLUSIONS OF LAW
{¶3} 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; Klosterman v. Ohio Veterans Home, Ct. of Cl. No. 2010-10246-AD, 2011-
Ohio-2891.
{¶4} Plaintiff has suffered damages in the amount of $557.49, 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
ROBERT CLARK
Plaintiff
v.
OHIO VETERANS HOME
Defendant
Case No. 2011-09420-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 $582.49, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Robert Clark Gregory J. Kowalski
3416 Columbus Avenue Ohio Veterans Home
Sandusky, Ohio 44870 3416 Columbus Avenue
Sandusky, Ohio 44870
9/8
Filed 9/14/11
Sent to S.C. reporter 1/27/12