Bobo v. Ohio Univ., (Ohio 2011)
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Summary
Automobile damage, softball. Admission of liability and damages limited to insurance deductible. Judgment for plaintiff.
Summary
Automobile damage, softball. Admission of liability and damages limited to insurance deductible. Judgment for plaintiff.
Text
[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,
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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.
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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
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