[Cite as Henicle v. Ohio Univ., 2010-Ohio-5223.]

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

LAUREN R. HENICLE 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant 

Case No. 2010-06338-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} “1) On January 20, 2010, plaintiff, Lauren R. Henicle, parked her 2000 

Chevrolet S10 truck in a parking garage owned and operated by defendant, Ohio 

University. Plaintiff related she subsequently received “a call from parking services 

informing me that there was a white liquid leaking onto my windshield and hood of my 

truck.” Plaintiff advised she attempted to wash the liquid substance from her truck, but 

the substance could not be removed at the car wash. Plaintiff asserted her truck was 

damaged as a proximate cause of negligence on the part of defendant in maintaining a 

hazardous condition on university premises and she has consequently filed this 

complaint seeking to recover damages in the amount of $703.40, representing the cost 

of ineffective washes and the cost of repainting her truck. In her complaint, plaintiff 

provided evidence that she maintains insurance coverage with a $250.00 deductible 

provision. The filing fee was paid and plaintiff requested reimbursement of that cost 

along with her damage claim. 

{¶ 2} “2) Defendant filed an investigation report stating, “Ohio University does 
not contest this claim.” Defendant requested the amount plaintiff be entitled to recover 

“be no more than the plaintiff’s deductible of $250 plus the cost of her car wash charges 

$25, and the filing fee. 

CONCLUSIONS OF LAW 

{¶ 3} 1) Sufficient proof has been offered to establish the damage to the 

vehicle was proximately caused by negligence on the part of defendant. Lee v. 

University of Akron (1998), 97-12441; Warren v. University of Akron (1999), 99-01683-

AD; Miller v. University of Akron (2001), 2001-04140-AD; Swigart v. Ohio Univ., Ct. of 

Cl. No. 2009-01581-AD, 2009-Ohio-2771. 

{¶ 4} 2) R.C. 2743.02(D) provides: 

{¶ 5} (D) Recoveries against the state shall be reduced by the aggregate of 

insurance proceeds, disability award, or other collateral recovery received by the 

claimant. This division does not apply to civil actions in the court of claims against a 

state university or college under the circumstances described in section 3345.40 of the 

Revised Code. The collateral benefits provisions of division (B)(2) of that section apply 

under those circumstances.” 

{¶ 6} Also, R.C. 3345.40(B)(2) states in pertinent part: 

{¶ 7} “If a plaintiff receives or is entitled to receive benefits for injuries or loss 

allegedly incurred from a policy or policies of insurance or any other source, the benefits 

shall be disclosed to the court, and the amount of the benefits shall be deducted from 

any award against the state university or college recovered by plaintiff.” 

{¶ 8} 3) Defendant is liable to plaintiff for her insurance coverage deductible 

and car wash expense, $275.00, 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.us 

LAUREN R. HENICLE 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant 

Case No. 2010-06338-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 $300.00, which includes the filing fee. Court costs are 

assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Lauren R. Henicle George T. Wendt 

8849 Pineville Road Ohio University 

Shippensburg, PA 17257 160 West Union Street 

 HDL Center 166H 

 Athens, Ohio 45701 

RDK/laa 
6/16 

Filed 6/28/10 

Sent to S.C. reporter 10/22/10