Donithan v. Ohio Veterans Home Agency

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[Cite as Donithan v. Ohio Veterans Home Agency, 2009-Ohio-7164.] 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 DONALD DONITHAN Plaintiff v. OHIO VETERANS HOME AGENCY Defendant Case No. 2009-06699-AD Clerk Miles C. Durfey MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On June 20 and June 21, 2009, plaintiff, Donald Donithan, a resident at defendant, Ohio Veterans Home, suffered personal property damage when water leaked into his room from pipe leaks in the facility s shower room. Plaintiff filed this complaint seeking to recover $454.30, the replacement cost of his water damaged property. The filing fee was paid. {¶ 2} 2) Defendant filed an investigation report admitting responsibility for the loss claimed, plus filing fee reimbursement. {¶ 3} 3) Plaintiff filed a response expressing his agreement with the admissions noted in the investigation report. CONCLUSIONS OF LAW {¶ 4} 1) 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; Trohan v. Ohio Veterans Home, Ct. of Cl. No. 2008-09473-AD, 2009-Ohio1591. {¶ 5} 2) Plaintiff has suffered damages in the amount of $454.30, plus the $25.00 filing fee 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 DONALD DONITHAN Plaintiff v. OHIO VETERANS HOME AGENCY Defendant Case No. 2009-06699-AD Clerk Miles C. Durfey 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 $479.30, which includes the filing fee. Court costs are assessed against defendant. MILES C. DURFEY Clerk Entry cc: Donald Donithan 3416 S. Columbus Avenue Sandusky, Ohio 44870-5557 RDK/laa 11/3 Filed 11/17/09 Sent to S.C. reporter 3/5/10 Gregory Kowalski, Chief Legal Counsel Ohio Veterans Home Agency 3416 Columbus Avenue Sandusky, Ohio 44870

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