2007-Ohio-4391
No. 2007-02149-AD.Court of Claims of Ohio.
Filed: June 19, 2007.
MEMORANDUM DECISION
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FINDINGS OF FACT {¶ 1} 1) On December 8, 2006, plaintiff, Gayla Brent, suffered personal injury when she entered a state owned van parked on the premises of defendant, Quail Hollow State Park. Specifically, plaintiff struck her head against a mounted gun rack inside the state owned van causing a laceration.
{¶ 2} 2) Plaintiff implied her head injury was proximately caused by negligence on the part of defendant in maintaining a dangerous condition inside the van. Consequently, plaintiff filed this complaint seeking to recover $261.80, the cost of unreimbursed medical expenses resulting from the December 8, 2006, personal injury incident. The $25.00 filing fee was paid and reimbursement of that amount was requested.
{¶ 3} 3) Defendant filed an investigation report noting, “[d]efendant does not dispute [p]laintiff s claim.”
CONCLUSIONS OF LAW {¶ 4} 1) Sufficient proof of liability on the part of defendant has been shown. Cisco v. Ohio Veterans Home, 2003-Ohio-1122, 2002-08394-AD Stoneking v. Cleveland State University (2006), 2006-03290-AD.
{¶ 5} 2) Plaintiff has suffered damages in the amount of $261.80. The $25.00 filing fee may be reimbursed as compensable 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.
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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 $286.80, which includes the filing fee. Court costs are assessed against defendant.
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