2007-Ohio-4865
No. 2007-01975-AD.Court of Claims of Ohio.
July 26, 2007.
Lauren C. Feldman.
John R. Guldin, Associate Legal Counsel, Ohio Department of Public Safety Legal Services.
MEMORANDUM DECISION
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FINDINGS OF FACT {¶ 1} 1) On February 9, 2007, plaintiff, Lauren C. Feldman, filed a complaint against defendant, Bureau of Motor Vehicles (“BMV”), alleging her driver’s license was suspended by BMV. Plaintiffs automobile was towed and impounded as a result of BMV’s error in recording her driving status. Plaintiff seeks damages in the amount of $181.05 for towing and storage fees. The filing fee was paid.
{¶ 2} 2) On April 11, 2007, defendant filed an investigation report admitting error in recording plaintiffs license status.
{¶ 3} 3) On July 9, 2007, plaintiff filed a response.
CONCLUSIONS OF LAW {¶ 4} 1) Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, her driver’s license was erroneously listed as suspended by defendant. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Black v. Bureau of Motor Vehicles (1996), 95-01441-AD.
{¶ 5} 2) Plaintiff has proven, by a preponderance of the evidence, that her driver’s license was improperly listed as suspended by defendant. McGee v. Ohio Bureau of Motor Vehicles (1997), 97-03999-AD.
{¶ 6} 3) Defendant is liable to plaintiff for damages plaintiff can prove resulted from defendant’s negligence. Partlow v. Bureau of Motor Vehicles (1997), 97-07820-AD. Plaintiff has proven that she suffered all damages claimed in the complaint, plus the $25.00 filing fee which may be reimbursed as compensable damages pursuant to R.C. 2335.19. Se Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.
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 $206.05, which includes the filing fee. Court costs are assessed against defendant.
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