[Cite as Baker v. Ohio Univ., 2011-Ohio-3442.]

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

JENNIFER BAKER 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant 

Case No. 2010-10190-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

{¶ 1} Plaintiff, Jennifer Baker, stated she suffered property damage to her 2004 

Chevy Avalanche when she drove through a parking garage located at defendant's Ohio 

University. Specifically, plaintiff maintained the roof of her motor vehicle was damaged 

when it scraped along a steel water pipe that runs horizontally across the ceiling along 

the drive path. Plaintiff explained she had driven through the garage for the previous 

three years and never scraped her car on the pipe before. Plaintiff recalled she was 

informed by her coworkers that defendant’s employees had been working during the 

summer in the area where her incident occurred and that orange barrels had been 

placed under the pipe to keep vehicles from driving through the area. According to 

plaintiff, her property damage incident occurred at approximate 7:05 a.m. on August 9, 

2010. 

{¶ 2} Plaintiff asserted her property damage was the proximate result of 

negligence on the part of defendant in failing to prevent motorists from driving through 

the area. Indeed, plaintiff related she was directed to park there by an employee of 

defendant who she identified as Rhonda. Consequently, plaintiff filed this complaint 

seeking to recover $1,119.04, her cost of repairing the vehicle, plus $ 25.00 for filing fee 
reimbursement. The filing fee was paid. 

{¶ 3} Defendant argued plaintiff failed to produce evidence to establish her 

property damage was the sole result of any negligent act or omission on the part of 

Ohio University personnel. Defendant asserted the presence of the pipe was open and 

obvious to motorists traveling through the garage. Defendant maintained there were 

two warnings posted in reference to the clearance height of the pipe, one was posted at 

the entrance to the parking garage and the other was written in large block letters on the 

pipe itself. Defendant submitted photographic evidence to show the clearance at the 

lowest point for the pipe was six feet, one inch, which is actually higher than the height 

listed on the warning sign. Defendant also verified that there were no work orders on 

file for this location on the date of plaintiff’s incident. Thus, defendant contended plaintiff 

should have exercised reasonable care to protect her property from any damage posed 

by the low hanging water pipe. Defendant implied plaintiff's own negligent driving was 

the sole cause of her property damage. 

{¶ 4} Plaintiff did not file a response. 

{¶ 5} Based on plaintiff”s status as an employee of Ohio University, she was 

present on defendant's premises for such purposes which would classify her under the 

law as an invitee. Scheibel v. Lipton (1985), 156 Ohio St. 308, 46 O.O. 177, 102 N.E. 2d 

453. Consequently, defendant was under a duty to exercise ordinary care for the safety 

of invitees such as plaintiff and to keep the premises in a reasonably safe condition for 

normal use. Presley v. City of Norwood (1973), 36 Ohio St. 2d 29, 65 O.O. 2d 129, 303 

N.E.2d 81. Defendant’s duty to exercise ordinary care for the safety and protection of 

invitees includes having the premises in reasonably safe condition and warning of latent 

or concealed defects or perils which the possessor has or should have knowledge. 

Durst v. VanGundy (1982), 8 Ohio App. 3d 72, 8 OBR 103, 455 N.E.2d 1319; Wells v. 

University Hospital (1985), 86-01392-AD. As a result of plaintiff's status, defendant was 

also under a duty to exercise ordinary care in providing for plaintiff's safety and warning 

her of any condition on the premises known by defendant to be potentially dangerous. 

Crabtree v. Shultz (1977), 57 Ohio App. 2d 33, 11 O.O. 3d 31, 384 N.E.2d 1294. 

{¶ 6} In the instant claim, plaintiff has failed to present any evidence to prove 

the low hanging water pipe presented anything but an open and obvious condition. 

Additionally, defendant produced evidence to establish that warning signs were in place 
and readily discernible to the motorists entering the parking garage. Consequently, the 

court finds the sole cause of plaintiff's property damage was plaintiff's negligent driving 

while traveling through the parking garage. The common law of Ohio imposes a duty of 

reasonable care upon motorists that includes the responsibility to observe the 

environment in which one is driving. See Hubner v. Sigall (1988), 47 Ohio App. 3d 15, 

17, 546 N.E.2d 1337. The court concludes plaintiff breached her duty to exercise 

ordinary care when operating her vehicle and this breach proximately caused her 

property damage. Nationwide Ins. Co., et al. v. Ohio Expositions Center (2000), 2000-

04278-AD. See Blocksom v. Mohican State Park, Ct. of Cl. No. 2004-10388-AD, 2005-

Ohio-1395. 

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 

JENNIFER BAKER 

 Plaintiff 

 v. 

OHIO UNIVERSITY 

 Defendant 

Case No. 2010-10190-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: 

Jennifer Baker George T. Wendt 

74106 Harkins Chapel Road Ohio University 

Albany, Ohio 45710 160 Union Street 

 HDL Center 166H 

 Athens, Ohio 45701 

SJM/laa 

3/18 

Filed 3/31/11 

Sent to S.C. reporter 6/30/11