Fisher v. Geneva State Park Marina

[Cite as Fisher v. Geneva State Park Marina, 2008-Ohio-7135.]

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****


VICTOR FISHER

Plaintiff v.
GENEVA STATE PARK MARINA

Defendant



Case No. 2008-09538-AD
Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION

FINDINGS OF FACT

1) On June 12, 2008, a boat owned by plaintiff, Victor Fisher, was damaged by an unmarked dredge line while navigating in the channel of the marina at defendant, Geneva Lake State Park, a facility operated by the Ohio Department of Natural Resources. Consequently, plaintiff filed this complaint seeking to recover $853.41, the cost of boat repair. The filing fee was paid.

2) Defendant filed an investigation report acknowledging plaintiff stated a claim under Chapter 2743 of the Ohio Revised Code. Defendant agreed plaintiff suffered property damage in the amount of $853.41 and filing fee costs in the amount of $25.00. Defendant advised that any collateral source payment plaintiff received for boat repair costs must be deducted from any damage award.1 No evidence was submitted to establish plaintiff actually received any collateral source payment for boat repair costs.
1 R.C. 2743.02(D) provides in pertinent part:

"(D) Recoveries against the state shal be reduced by the aggregate of insurance proceeds,


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3) Plaintiff filed a response.
CONCLUSIONS OF LAW

1) Negligence on the part of defendant has been shown. Slane v. Ohio Dept. of Natural Resources, Ct. of Cl. No. 2006-04288-AD, 2006-Ohio-7297.

2) Plaintiff has suffered damages in the amount of $853.41, plus the $25.00 filing fee which 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.
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****


VICTOR FISHER

Plaintiff v.
GENEVA STATE PARK MARINA

Defendant



Case No. 2008-09538-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

disability award, or other collateral recovery received by the claimant."



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in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $878.41, which includes the filing fee. Court costs are assessed against defendant.
DANIEL R.
BORCHERT

Deputy Clerk
Entry cc: Victor Fisher

Charles G.
Rowan 2729 Burns Road

Department of Natural Resources Madison, Ohio 44057

2045 Morse Road, D-3

Columbus, Ohio

43229-6693 RDK/laa 12/18 Filed 12/31/08 3/13/