Storts v. Ohio Univ.

[Cite as Storts v. Ohio Univ., 2011-Ohio-5317.]
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
CAROL J. STORTS
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2011-05670-AD
Acting Clerk Daniel R. Borchert
MEMORANDUM DECISION
THE COURT FINDS THAT:
{¶1} On April 8, 2011, plaintiff, Carol Storts, filed a complaint against
defendant, Ohio University, alleging she suffered personal injury when she tripped on
“plastic floor covering that was not taped down.” Plaintiff sought damages in the
amount of $975.14, the total cost of medical expenses and reimbursement of the filing
fee. Plaintiff submitted the $25.00 filing fee with her complaint.
{¶2} On May 25, 2011, defendant filed an investigation report stating that “Ohio
University does not contest this claim” and acknowledging plaintiff suffered unrecovered
damages in the amount of $975.14.
{¶3} Plaintiff did not file a response.
THE COURT CONCLUDES THAT:
{¶4} Liability on the part of defendant has been established. See Thresher
Bros., Inc. v Eichel (1933), 1933 Ohio Misc. 15 Ohio L Abs 642.
{¶5} Plaintiff has suffered damages in the amount of $975.14, which includes
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
CAROL J. STORTS
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2011-05670-AD
Acting 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 $975.14, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Acting Clerk
Entry cc:
Carol J. Storts George T. Wendt, Risk Manager
16000 Egypt Pike Ohio University
Clarksburg, Ohio 43115 160 Union Street
HDL Center 166 H
Athens, Ohio 45701
SJM/laa
6/13
Filed 7/18/11
Sent to S.C. reporter 10/13/11