Opinion
2023-00269AD
10-17-2023
JOE RILEY Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
Sent to S.C. Reporter 2/28/24
MEMORANDUM DECISION
{¶1} Joe Riley ("plaintiff) filed this claim against defendant, Ohio Department of Transportation ("ODOT"), to recover damages which occurred when plaintiffs 2005 Chevrolet C/K 1500 struck a pothole on March 20, 2023, while plaintiff was traveling eastbound on United States Route 224, toward the Interstate Route 77 (N) exit ramp, in Cuyahoga County, Ohio. This road is a public road maintained by ODOT. Plaintiff claimed total damages in the amount of $8,891.00, including a $100.00 towing expense and an unspecified amount in lost work/rental fees. Plaintiff submitted the $25.00 filing fee.
{¶2} ODOT filed an investigation report stating its willingness to settle this claim if plaintiff provided a copy of plaintiffs automobile insurance policy's declaration page and substantiating documentation of the damages.
{¶3} 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 that the claimant receives or is entitled to."
{¶4} Plaintiff submitted a response to defendant's investigation report, including a copy of plaintiff's automobile insurance policy's declaration page. The policy with The General does not cover collision damage. Additionally, plaintiff provided estimates for repairs in the amount of $8,302.78. As plaintiff's insurance does not cover collision damage, plaintiff is entitled to the full amount of damages. However, plaintiff's complaint states that only two rims and tires were damaged in the incident, yet the repair receipt lists four new rims and tires. Heavy customization of plaintiffs vehicle does not allow for the recovery of complete sets of replacement equipment based solely on their cosmetics. Plaintiff can recover $2000.00 for labor, $130.00 for the pair of front shocks, $160.00 for the pair of rear shocks, $462.00 for the pair of lower control arms, $26.00 for the stabilizer link, $299.99 for the sway bar, $144.99 for the hub assembly, $49.99 for the rear bearing, $950.00 for two tires, and $1,250.00 for two rims. Plaintiff cannot recover for the additional two tires and rims. Additionally, plaintiff can recover the $537.81 in taxes and $92.00 in miscellaneous fees. Therefore, plaintiff can recover $6,102.78.
{¶5} Plaintiff provided a receipt for towing expenses in the amount of $100.00. This court has found towing expenses to be a compensable expense. Chandler v. Ohio Dept. of Transp., Ct. of Cl. No. 2011-09471-AD, 2011-Ohio-1024; Boiano v. Ohio Dept of Transp., Ct. of Cl. No. 2010-02880-AD, 2010-Ohio-4791; and Foster v. Ohio Dept of Transp., Ct. of Cl. No. 2010-05374-AD, 2010-Ohio-4798. Accordingly, plaintiff is granted $100.00 for towing expenses. Plaintiff also provided an estimate for work loss based on the rental fees and loss of use for work. However, this is not proper documentation for work loss or rental expenses. Therefore, plaintiff cannot recover for lost work or rental expenses.
{¶6} Judgment is rendered in favor of plaintiff in the amount of $6,202.78, plus $25.00 for reimbursement of the filing fee pursuant to the holding in Bailey v. Ohio Dept. of Rehab. & Corr, 62 Ohio Misc.2d 19, 587 N.E.2d 990 (Ct. of Cl.1990).
ENTRY OF ADMINISTRATIVE DETERMINATION
{¶7} 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 $6,227.78, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.