No. 2002-08173-AD.Court of Claims of Ohio.
October 31, 2002.
For Defendant: James L. Erwin, Warden, Chillicothe Correctional Institution, P.O. Box 5500, Chillicothe, Ohio 45601.
MEMORANDUM DECISION {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On September 9, 2002, plaintiff, Darryl Fischer, filed a complaint against defendant, Chillicothe Correctional Institution, alleging his shirt was damaged while under the control of defendant’s personnel. Plaintiff seeks damages in the amount of $10.00 for property loss. Plaintiff submitted the filing fee with his complaint;
{¶ 3} 2) On September 9, 2002, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $10.00 for property loss.
{¶ 4} THE COURT CONCLUDES THAT:
{¶ 5} 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;
{¶ 6} 2) Plaintiff has suffered damages in the amount of $10.00, 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.
{¶ 7} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;
{¶ 8} IT IS ORDERED THAT:
{¶ 9} 1) Plaintiff’s claim is GRANTED and judgment is rendered in favor of the plaintiff;
{¶ 10} 2) Defendant (Chillicothe Correctional Institution) pay plaintiff (Darryl E. Fischer) $35.00 and such interest as is allowed by law;
{¶ 11} 3) The court shall absorb the court costs of this case.
DANIEL R. BORCHERT Deputy Clerk