Opinion
2020-00135AD
05-21-2020
DEVON K. ANDREWS Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
MEMORANDUM DECISION
{¶1} Devon Andrews ("plaintiff) filed this claim against the Ohio Department of Transportation ("ODOT"), to recover damages which occurred when her 2020 Kia Sportage S struck a pothole on February 13, 2020, while traveling on Interstate Route ("IR") 71 South, near mile marker 116, in Franklin County, Ohio. This road is a public road maintained by ODOT. Plaintiffs requests damages in the amount of $5,218.28. Plaintiff submitted the $25.00 filing fee.
{¶2} Defendant submitted an Investigation Report and Motion to Reduce Prayer Amount. ODOT's investigation revealed that it contacted plaintiffs insurance carrier, American National Insurance Company, which revealed it paid out $4,718.28 for damage sustained to plaintiffs vehicle. Accordingly, ODOT express its willingness to pay plaintiffs $500.00 deductible.
{¶3} Plaintiff submitted a response to defendant's Investigation Report. Plaintiff stated she incurred an additional unreimbursed car rental expense of $11.12, incurred while her vehicle was being repaired. This court has found that car rental expense is a compensable expense. Evanoski v. Ohio Department of Transportation, 2009-04998AD, 2009-Ohio-7094.
{¶4} R.C. 2743.02(D) states in pertinent part: "Recoveries against the state shall be reduced by the aggregate of insurance proceeds, disability award or other collateral recovery received by the claimant." Thus, pursuant to the statutory requirement of R.C. 2743.02(D), compensation for the automotive repair expenses shall be limited to $511.12, plaintiff's stated out-of-pocket cost for repairs and car rental expenses.
{¶5} Defendant has admitted liability for the damages caused to plaintiffs vehicle. Billups v. Ohio Department of Rehabilitation and Correction, 2000-10634-AD, jud. (2001).
{¶6} Defendant expressed its willingness to settle this claim for costs not paid for by a collateral source, American National Insurance.
{¶7} Therefore, judgment is rendered in favor of plaintiff in the amount of $511.12, plus $25.00 for reimbursement of the filing fee pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction, 62 Ohio Misc.2d 19, 587 N.E.2d 990 (Ct. of Cl. 1990).
{¶8} 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 the plaintiff in the amount of $536.12, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.