Case No. 2002-09579-AD.Court of Claims of Ohio.
Decided March 14, 2003.
Gregory C. Trout, Chief Counsel, Department of Rehabilitation and Correction, for defendant.
MEMORANDUM DECISION {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On October 24, 2002, plaintiff, Samuel Fields, filed a complaint against defendant, Ohio State Penitentiary, alleging his prescription eyeglasses were lost while in the custody of defendant’s personnel. Plaintiff did not list a damage amount for the loss of his eyeglasses. Plaintiff submitted the filing fee with his complaint;
{¶ 3} 2) On December 30, 2002, defendant filed an investigation report admitting liability for plaintiff’s property loss. Defendant requested plaintiff provide some documentation to establish the value of the lost eyeglasses;
{¶ 4} 3) To date, plaintiff has not provided any evidence to indicate the replacement cost of his eyeglasses.
{¶ 5} THE COURT CONCLUDES THAT:
{¶ 6} 1) I find, by a preponderance of the evidence, negligence by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD;
{¶ 7} 2) Plaintiff has suffered damages in the amount of $200.00, 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.
{¶ 8} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;
{¶ 9} IT IS ORDERED THAT:
{¶ 10} 1) Plaintiff’s claim is GRANTED and judgment is rendered in favor of the plaintiff;
{¶ 11} 2) Defendant (Ohio State Penitentiary) pay plaintiff (Samuel Fields) $225.00 and such interest as is allowed by law;
{¶ 12} 3) Court costs shall be assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk