[Cite as Shichen v. Ohio Univ., 2011-Ohio-6945.]
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
LIU SHICHEN
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2011-09241-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
THE COURT FINDS THAT:
{¶1} On July 7, 2011, plaintiff, Liu Shichen, filed a complaint against defendant,
Ohio University, alleging his personal property was stolen after defendant’s
housekeeping personnel left his room unlocked. Plaintiff sought damages in the
amount of $2,497.49, the total cost he incurred to replace the stolen property and
reimbursement of the filing fee. Plaintiff submitted the $25.00 filing fee with his
complaint.
{¶2} On August 10, 2011, defendant filed an investigation report disputing the
method used by plaintiff to calculate his cost to travel to New York to replace his
passport. Defendant noted plaintiff did not retain any receipts, therefore, defendant
instead estimated what the cost of gasoline would be for the trip. Defendant concluded
that “Ohio University does not oppose payment to the plaintiff up to a total of
$1,730.80.”
{¶3} Plaintiff filed a response stating that although he incurred significant
expense to travel to New York; he agreed to accept the sum offered by defendant.
THE COURT CONCLUDES THAT:
{¶4} Liability on the part of defendant has been established. See Kvalheim v.
Ohio University, Ct. of Cl. No. 2010-02359-AD, 2010-Ohio-3795.
Plaintiff has suffered damages in the amount of $1,730.80, which includes
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, 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
LIU SHICHEN
Plaintiff
v.
OHIO UNIVERSITY
Defendant
Case No. 2011-09241-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 $1,730.80, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Liu Shichen George T. Wendt, Risk Manager
135 South Green Drive Ohio University
Room 123 University Service Center 136
Athens, Ohio 45701 1 Ohio University
Athens, Ohio 45701-2979
SJM/laa
8/24
Filed 8/31/11
Sent to S.C. reporter 1/19/12