[Cite as Gontarz v. Ohio Univ., 2011-Ohio-6987.]

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

SHANE J. GONTARZ 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant

Case No. 2011-08750-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶1} Plaintiff, Shane Gontarz, a resident student attending defendant, Ohio 

University (OU), filed this action contending that defendant should bear responsibility for 

the loss of his property that was water damaged when the air conditioner in his 

dormitory room leaked water. Plaintiff explained that when he returned to his dormitory 

room on the evening of May 6, 2011, he discovered that his property had been 

damaged when water leaked from the unit and ruined his computer. Plaintiff related 

that his computer was covered by “Black Tie protection * * * which replaces the 

computer at a fraction of the cost.” Plaintiff requested monetary damages in the amount 

of $581.24, the stated replacement cost of his computer, $20 for travel expenses to 

facilitate the purchase, and reimbursement of the filing fee. The $25.00 filing fee was 

paid. 

{¶2} Defendant filed an investigation report stating that OU does not dispute 

the damage claim for replacement of the computer and reimbursement of the filing fee; 

however, OU notes that plaintiff failed to document that he spent $20.00 on gasoline 

when he purchased a replacement computer. 

{¶3} Plaintiff did not file a response. 
CONCLUSIONS OF LAW 

{¶4} Defendant, by exercising control over the air cooling system in the student 

housing facility, was under a duty to maintain the system in good and safe working 

order. Mosebach v. Miami University of Ohio (1990), 90-02431-AD; Chetsko v. Miami 

University, Ct. of Cl. No. 2007-03960-AD, 2007-Ohio-4395; Smith v. Miami Univ., Ct. of 

Cl. No. 2008-10501-AD, 2009-Ohio-2418. 

{¶5} Negligence on the part of defendant has been proven in respect to 

breaching inspection and maintenance duties. Kurkar v. Bowling Green State 

University (1991), 91-04934-AD; Schlemmer v. Bowling Green State University (1997), 

97-05479-AD; Philip v. Miami University (2000), 99-15056-AD; Stout v. Miami Univ., Ct. 

of Cl. No. 2007-03510-AD, 2007-Ohio-4873. 

{¶6} Defendant is liable to plaintiff in the amount of $536.24, 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 

SHANE J. GONTARZ 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant

Case No. 2011-08750-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 $561.24, which includes the filing fee. Court costs are 

assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Shane J. Gontarz George T. Wendt, Risk Manager 

37420 Fawn Path Drive Ohio University 

Solon, Ohio 44139 University Service Center 136 

 1 Ohio University 

 Athens, Ohio 45701-2979 

9/23 

Filed 9/29/11 

Sent to S.C. reporter 2/6/12