[Cite as Osting v. Grand Lake St. Park, 2011-Ohio-6590.]
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
RONALD U. OSTING
Plaintiff
v.
GRAND LAKE ST. PARK
Defendant
Case No. 2011-06803-AD
Acting Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶1} On May 2, 2011, plaintiff, Ronald Osting, filed a complaint against
defendant, Department of Natural Resources, asserting that his camper was damaged
during mowing operations while the camper was parked at defendant’s Grand Lake
State Park.
{¶2} Plaintiff seeks damages in the amount of $354.36 for costs to replace the
steps to the camper. Plaintiff indicated in his complaint that he received insurance
payments for repair costs amounting to $354.36. As such, plaintiff’s damage claim for
repair expenses would normally be limited to his insurance coverage deductible.1 The
filing fee was paid.
{¶3} On July 1, 2011, defendant filed an investigation report stating that
defendant “does not dispute plaintiff’s claim against the State under Chapter 2743. of
the Ohio Revised Code.” Defendant pointed out that any collateral source
reimbursement received by plaintiff must be deducted from any damages awarded by
the court.
1
R.C. 2743.02(D) states that judgments against the state “shall be reduced by the aggregate of
insurance proceeds, disability award, or other collateral recovery” received by plaintiff.
{¶4} On July 15, 2011, plaintiff submitted a memorandum from his insurance
agent verifying that he did not open a claim against his camper insurance.
CONCLUSIONS OF LAW
{¶5} Sufficient proof of liability on the part of defendant has been shown. Lewis
v. Caesar Creek State Park, Ct. of Cl. No. 2004-08502-AD, 2005-Ohio-1406.
{¶6} Plaintiff has suffered damages in the amount of $354.36, 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, 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
RONALD U. OSTING
Plaintiff
v.
GRAND LAKE ST. PARK
Defendant
Case No. 2011-06803-AD
Acting 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 $379.36, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Acting Clerk
Entry cc:
Ronald U. Osting Charles G. Rowan
19080 Rd. 22 S. Department of Natural Resources
Ft. Jennings, Ohio 45844 2045 Morse Road, D-3
Columbus, Ohio 43229-6693
7/25
Filed 8/3/11
Sent to S.C. reporter 12/20/11
Osting v. Grand Lake St. Park
Combined Opinion