[Cite as Kelley v. Miami Univ., 2010-Ohio-2036.]

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

ERIN KELLEY 

 Plaintiff 

 v. 

MIAMI UNIVERSITY 

 Defendant 

Case No. 2009-09213-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Erin Kelley, a student attending defendant, Miami University 

(Miami), filed this action alleging that her laptop computer was damaged as a proximate 

cause of negligence on the part of a Miami employee. In her complaint, plaintiff related 

that an unidentified Miami professor “knocked into my laptop while carrying boxes into 

the room,” which in turn caused the laptop, an Apple Powerbook G4, to fall to the floor 

“destroying the power supply and other core components.” Plaintiff recalled that the 

described damage incident occurred at approximately 5:00 p.m. on April 10, 2009. 

Plaintiff did not designate a location where the described damage incident occurred. 

{¶ 2} 2) Plaintiff submitted a repair estimate (dated October 23, 2009) for her 

Apple Powerbook G-4 in the amount of $1,240.00. The repair estimate bears the 

notation: “Date of Purchase: 19-Aug-05.” The repair estimate also contains the 

following information: 

{¶ 3} “Issue: External casing has been damaged from machine being dropped. 

Excessive dents on bottom casing around DCIN and optical drive input. Has dents on 

the corners. Top case has been removed and hard drive has been removed.” 
{¶ 4} 3) Plaintiff filed this complaint seeking to recover damages in the 

amount of $1,240.00, the estimated cost of repairing her laptop that was well over three 

years old at the time of the described damage incident. The $25.00 filing fee was paid 

and plaintiff requested reimbursement of that cost along with her damage claim. 

{¶ 5} 4) Defendant filed an investigation report requesting plaintiff’s claim be 

dismissed. Defendant based this request on the position that: 

{¶ 6} “The Plaintiff has failed to provide sufficient information as to the location 

of the incident, the Miami University employee(s) involved and any witnesses to the 

incident so as to allow the Defendant to adequately investigate this complaint.” 

{¶ 7} 5) Plaintiff filed a response stating that, “[m]y witness, Dana Saulnier, is 

the professor that knocked the laptop over.” Plaintiff advised that Saulnier “will be able 

to give a witness statement concerning the events that happened.” Plaintiff did not 

provide a statement from Saulnier or any other witness to the described damage event 

of Friday, April 10, 2009. Plaintiff did not provide any information regarding the location 

of her described occurrence. Plaintiff did not submit any evidence concerning the 

market value of her Apple Powerbook G4 laptop as of April 10, 2009. 

CONCLUSIONS OF LAW 

{¶ 8} For plaintiff to prevail on a claim of negligence, she must prove, by a 

preponderance of the evidence, that defendant owed her a duty, that it breached that 

duty, and that the breach proximately caused her injuries. Armstrong v. Best Buy 

Company, Inc., 99 Ohio St. 3d 79, 2003-Ohio-2573,¶8 citing Menifee v. Ohio Welding 

Products, Inc. (1984), 15 Ohio St. 3d 75, 77, 15 OBR 179, 472 N.E. 2d 707. Plaintiff 

has the burden of proving, by a preponderance of the evidence, that she suffered a loss 

and that this loss was proximately caused by defendant’s negligence. Barnum v. Ohio 

State University (1977), 76-0368-AD. However, “[i]t is the duty of a party on whom the 

burden of proof rests to produce evidence which furnishes a reasonable basis for 

sustaining his claim. If the evidence so produced furnishes only a basis for a choice 

among different possibilities as to any issue in the case, he fails to sustain such 

burden.” Paragraph three of the syllabus in Steven v. Indus. Comm. (1945), 145 Ohio 

St. 198, 30 O.O. 415, 61 N.E. 2d 198, approved and followed. 

{¶ 9} “If an injury is the natural and probable consequence of a negligent act 

and it is such as should have been foreseen in light of all the attending circumstances, 
the injury is then the proximate result of the negligence. It is not necessary that the 

defendant should have anticipated the particular injury. It is sufficient that his act is 

likely to result in an injury to someone.” Cascone v. Herb Kay Co. (1983), 6 Ohio St. 3d 

155, 160, 6 OBR 209, 451 N.E. 2d 815, quoting Neff Lumber Co. v. First National Bank 

of St. Clairsville, Admr. (1930), 122 Ohio St. 302, 309, 171 N.E. 327. This court, as trier 

of fact, determines questions of proximate causation. Shinaver v. Szymanski (1984), 14 

Ohio St. 3d 51, 14 OBR 446, 471 N.E. 2d 477. 

{¶ 10} Defendant was charged with a duty to exercise reasonable care for the 

protection of plaintiff’s property. Jagoditz v. Miami University (2005), 2005-01986-AD; 

Wise v. Miami University, Ct. of Cl. No. 2007-04621, 2007-Ohio-7245. However, under 

the limited evidence presented in the instant claim, the court finds plaintiff has failed to 

prove her property was damaged as a proximate cause of any negligent conduct by 

defendant’s employee during the course and scope of employment. Consequently, 

plaintiff has failed to prove defendant breached any duty of care owed to her in regard 

to property protection. Therefore, plaintiff’s claim is denied. 

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 

ERIN KELLEY 

 Plaintiff 

 v. 

MIAMI UNIVERSITY 

 Defendant 

Case No. 2009-09213-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 defendant. Court costs are assessed against plaintiff. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Erin Kelley Paul S. Allen 

9648 Friar Tuck Drive Court of Claims Coordinator 

West Chester, Ohio 45069 Miami University 

 Roudebush Hall, Room 14 

 Oxford, Ohio 45056 

RDK/laa 

1/12 

Filed 1/27/10 

Sent to S.C. reporter 5/7/10