No. 2002-08394-AD.Court of Claims of Ohio.
Decided February 26, 2003.
Gregory J. Kowalski, Labor Relations Manager, Ohio Veterans Home, for defendant.
MEMORANDUM DECISION {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) A complaint as filed on behalf of plaintiff, Allan Cisco, who suffered personal injury while residing at defendant, Ohio Veteran’s Home. Plaintiff seeks recovery of damages in the amount of $1,168.81 for medical expenses, plus $25.00 for filing fee reimbursement.
{¶ 3} 2) Defendant filed an investigation report making no admissions of negligence regarding plaintiff’s injuries. However, defendant has agreed to assume financial responsibility for plaintiff’s medical expenses and filing fee.
{¶ 4} THE COURT CONCLUDES THAT:
{¶ 5} 1) Sufficient proof of liability on the part of defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD.
{¶ 6} 2) Plaintiff has suffered damages in the amount of $1,168.81, 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.
{¶ 7} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;
{¶ 8} IT IS ORDERED THAT:
{¶ 9} 1) Plaintiff’s claim is GRANTED and judgment is rendered in favor of the plaintiffs;
{¶ 10} 2) Defendant (Ohio Veterans Home) pay plaintiffs (Allan Cisco and Lynn Krause) $1,193.81 and such interest as is allowed by law;
{¶ 11} 3) Court costs shall be assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk