2006-Ohio-7298
No. 2006-04296-AD.Court of Claims of Ohio.
Filed September 29, 2006.
Michael W. Finamore, Lewis Center, Ohio, Plaintiff, Pro se.
Charles G. Rowan, Acting Chief Counsel, Columbus, Ohio, For Defendant.
MEMORANDUM DECISION
FINDINGS OF FACT {¶ 1} 1) On June 27, 2006, plaintiff, Michael W. Finamore, filed a complaint against defendant. Department of Natural Resources, asserting his boat was damaged as a proximate cause of negligence on the part of defendant’s personnel in maintaining the boat docks at Alum Creek State Park.
{¶ 2} 2) Plaintiff seeks damages in the amount of $2,116.26 for property damage repair, plus $25.00 for filing fee reimbursement.
{¶ 3} 3) On September 1, 2006, defendant filed an investigation report admitting liability for plaintiffs property damage.
CONCLUSIONS OF LAW {¶ 4} 1) Sufficient proof of liability on the part of defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD.
{¶ 5} 2) Plaintiff has suffered damages in the amount of $2,116.26, 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.
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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 $2,141.26, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
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