[Cite as Postel v. Ohio Univ., 2011-Ohio-3544.]

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

MARK W. POSTEL 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant 

Case No. 2010-12320-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) On October 26, 2010, plaintiff, Mark Postel, sustained property 

damage to his automobile while the vehicle was parked on a lot owned and operated by 

defendant, Ohio University. Specifically, the car suffered damage to the electrical 

system when the parking lot flooded after a heavy rain. Apparently, plaintiff parked his 

vehicle over the storm drain which had been clogged with debris allowing rain water to 

back up and flood the lower portion of plaintiff's car. Plaintiff pointed out he maintains 

insurance coverage for the vehicle with a $500.00 deductible. The filing fee was paid. 

{¶ 2} 2) Plaintiff filed an amended complaint seeking to recover $ 525.00, the 

cost of his insurance deductible and reimbursement of the filing fee. 

{¶ 3} 3) On January 3, 2011, defendant submitted an investigation report 

wherein defendant does not oppose plaintiff’s claim for reimbursement of property 

damage. 

CONCLUSIONS OF LAW 

{¶ 4} 1) Defendant was charged with a duty to exercise reasonable care for 
the protection of plaintiff’s property. The facts of the present claim indicate defendant 

knew or should have known about the clogged drain and the foreseeable hazards 

presented from this condition. In regard to the facts of this claim, negligence on the part 

of defendant has been shown. Hails v. Ohio Dept. of Transp., Ct. of Cl. No. 2001-

05634-AD, Laskey v. Univ. of Toledo, Ct. of Cl. No. 2005-06490, 2005-Ohio-3975. 

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

{¶ 6} “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." 

{¶ 7} Thus, pursuant to the statutory requirement of R.C. 3345.40(B)(2), 

compensation for the automotive repair expenses shall be limited to $ 500.00, plaintiff’s 

stated insurance deductible. 

{¶ 8} 3) 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 

MARK POSTEL 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant 

Case No. 2010-12320-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 $525.00, which includes the filing fee. Court costs are 

assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Mark Postel George T. Wendt 

31 Grosvenor Street Ohio University 

Athens, Ohio 45701 HDL Center 166 H 

 Athens, Ohio 45701 

SJM/laa 

3/23 

Filed 4/7/11 

Sent to S.C. reporter 7/8/11