[Cite as Sasala v. Ohio Dept. of Natural Resources, 2011-Ohio-6915.]

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

THERESA SASALA 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF NATURAL RESOURCES 

 Defendant

Case No. 2011-06731-AD 

Acting Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶1} On April 29, 2011, plaintiff, Theresa Sasala, filed a complaint against 

defendant, Department of Natural Resources, asserting that her vehicle was damaged 

as the result of negligence during repairs to an electrical line at defendant’s Pymatuning 

State Park. 

{¶2} Plaintiff alleged that her insurer, Allstate Insurance Company, “has made 

payments for the repairs to my vehicle and is subrogated to said amount.” Plaintiff 

seeks damages in the amount of $500.00 for reimbursement of her insurance 

deductible. Plaintiff indicated that she received insurance payments for repair costs 

amounting to $809.04. As such, plaintiff’s damage claim for repair expenses is limited 

to her 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 acknowledged plaintiff is entitled to reimbursement 

 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. 
of her insurance deductible and the $25.00 filing fee. Defendant disputed plaintiff’s 

subrogation claim. 

CONCLUSIONS OF LAW 

{¶4} Sufficient proof of liability on the part of defendant has been shown. 

Crumm v. Ohio Dept. of Transp., Ct. of Cl. No. 2007-02190-AD, 2009-Ohio-2748. 

{¶5} The Ohio Supreme Court in Community Ins. Co. v. Ohio Dept. of 

Transportation, 92 Ohio St. 3d 376, 2001-Ohio-208, prohibits an insurer from seeking 

subrogation in the Court of Claims for payments to policy holders who suffer damages 

due to negligence of the state. 

{¶6} Plaintiff has suffered damages in the amount of $500.00, 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 

THERESA SASALA 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF NATURAL RESOURCES 

 Defendant

Case No. 2011-06731-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 $525.00, which includes the filing fee. Court costs are 

assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Acting Clerk 

Entry cc: 

Herbert L. Nussle Charles G. Rowan 

55 Public Square, Suite 800 Department of Natural Resources 

Cleveland, Ohio 44113 2045 Morse Road, D-3 

 Columbus, Ohio 43229-6693 

7/25 

Filed 8/9/11 

Sent to S.C. reporter 1/3/12