[Cite as Kauth v. W. Branch State Park, 2010-Ohio-1955.]

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

THOMAS L. KAUTH 

 Plaintiff 

 v. 

WEST BRANCH STATE PARK 

 Defendant 

Case No. 2009-07750-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Thomas L. Kauth, filed an action against defendant, West 

Branch State Park (Park), contending the converter and television set in his son-in-law’s 

motor home were damaged on August 22, 2009 as a proximate cause of negligence on 

the part of the Park in maintaining a faulty electrical receptacle at campsite 53 on Park 

grounds. Plaintiff requested damage recovery in the amount of $786.66, representing 

the total expenses he incurred to replace the converter and television set in the motor 

home. The $25.00 filing fee was paid. 

{¶ 2} 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 $786.66 and filing fee costs in the amount of 

$25.00. Defendant advised that any collateral source payment plaintiff received for 

property loss must be deducted from any damage award.1

 1 R.C. 2743.02(D) provides in part: 

 “(D) Recoveries against the state shall be reduced by the aggregate of insurance proceeds, 
{¶ 3} 3) Plaintiff filed a response expressing his agreement with defendant’s 

position. Plaintiff did not offer any evidence to establish he had obtained any collateral 

source recovery. 

CONCLUSIONS OF LAW 

{¶ 4} 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; Fisher v. 

Geneva State Park Marina, Ct. of Cl. No. 2008-09538-AD, 2008-Ohio-7135; Chuck v. 

Ohio Dept. of Natural Resources, Ct. of Cl. No. 2008-09317-AD, 2009-Ohio-4266. 

{¶ 5} 2) Plaintiff has suffered damages in the amount of $786.66, 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 

THOMAS L. KAUTH 

 Plaintiff 

 v. 

WEST BRANCH STATE PARK 

 Defendant 

Case No. 2009-07750-AD 

Deputy Clerk Daniel R. Borchert 

 

disability award, or other collateral recovery received by the claimant.” 
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 $811.66, which includes the filing fee. Court costs are 

assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Thomas L. Kauth Charles G. Rowan, Deputy Chief Counsel 

4415 Dalbury Avenue N.E. Department of Natural Resources 

Canton, Ohio 44714 2045 Morse Road, Building D-3 

 Columbus, Ohio 43229-6693 

RDK/laa 

12/18 

Filed 1/7/10 

Sent to S.C. reporter 4/30/10