Eva N. Ackerman, Plaintiff, v. Ohio Army National Guard, Defendant.

No. 2005-08263-AD.Court of Claims of Ohio.
August 30, 2005.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Eva N. Ackerman, 7416 St. Rt. 45, N. Bloomfield, Ohio 44450, Plaintiff, Pro se.

LTC Duncan Aukland, Joint Staff Judge Advocate, Attn: AGOH-SJA, 2825 West Dublin Granville Road, Columbus, Ohio 43235-2789, for Defendant.

MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On July 11, 2005, plaintiff, Eva N. Ackerman, filed a complaint against defendant, Ohio Army National Guard, alleging her automobile was damaged as a result of negligence on the part of defendant’s employee in conducting lawn maintenance activity.

{¶ 2} 2) Plaintiff seeks damages in the amount of $319.50, the cost of a replacement car window. The $25.00 filing fee was paid.

{¶ 3} 3) On July 22, 2005, defendant filed an investigation reporting noting its employee probably damaged plaintiff’s property while conducting lawn maintenance. Plaintiff responded to this report stating: “I agree with the investigation report.”

CONCLUSIONS OF LAW {¶ 4} 1) Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff’s property while performing lawn maintenance. In regard to the facts of this claim negligence 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 $319.50, 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.

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 $344.50, 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.