Gault v. Miami Univ.

[Cite as Gault v. Miami Univ., 2011-Ohio-3782.]
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
LISA A. GAULT
Plaintiff
v.
MIAMI UNIVERSITY
Defendant
Case No. 2011-02794-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
THE COURT FINDS THAT:
{¶ 1} On February 22, 2011, plaintiff, Lisa A. Gault, filed a complaint against
defendant, Miami University, alleging her automobile was damaged by a hazardous
condition located on defendant’s premises. Plaintiff sought damages in the amount of
$1,488.14, the total cost of automotive repair. Plaintiff submitted the filing fee with her
complaint;
{¶ 2} On March 7, 2011, defendant filed an investigation report admitting liability
and acknowledging plaintiff suffered unrecovered damages in the amount of $1,488.14;
{¶ 3} Plaintiff did not file a response.
{¶ 4} THE COURT CONCLUDES THAT:
{¶ 5} Liability on the part of defendant has been established. Couser v. Wright
State University, Ct. of Cl. No. 2004-07344-AD, 2004-Ohio-5422;
{¶ 6} Plaintiff has suffered damages in the amount of $1,488.14, 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.
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
LISA A. GAULT
Plaintiff
v.
MIAMI UNIVERSITY
Defendant
Case No. 2011-02794-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 $1,513.14, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Lisa A. Gault Paul S. Allen
13153 State Route 177 Miami University
Camden, Ohio 45311 Roudebush Hall Room 14
Oxford, Ohio 45056
SJM/laa
4/7
Filed 4/20/11