Arthur v. Ohio Veterans Home

[Cite as Arthur v. Ohio Veterans Home, 2011-Ohio-2737.]

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 DEBRA A. ARTHUR

Plaintiff v.

OHIO VETERANS HOME

Defendant Case No. 2010-10378-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} 1) Plaintiff, Debra A. Arthur, filed this action against defendant, Ohio Veterans Home (OVH), contending her books/magazines were lost while under the control of OVH staff at sometime during November 2009. Plaintiff requested damages in the amount of $101.90, the stated replacement cost of the books/magazines. The filing fee was paid.

{¶ 2} 2) Defendant filed an investigation report admitting responsibility for the loss claimed, plus filing fee reimbursement.

CONCLUSIONS OF LAW {¶ 3} 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.

{¶ 4} 2) Plaintiff has suffered damages in the amount of $101.90, 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 DEBRA A. ARTHUR

Plaintiff v.

OHIO VETERANS HOME

Defendant Case No. 2010-10378-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 $126.90, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Debra A. Arthur Gregory J. Kowalski, Chief Legal Counsel 1321 Milan Road Ohio Veterans Homes Sandusky, Ohio 44870 Sandusky, Ohio 44870 RDK/laa 2/22 Filed 3/9/11 Sent to S.C. reporter 5/27/11