Santiago Aguilar, Plaintiff, v. Ohio State Highway Patrol, Defendant.

Case No. 2004-08081-AD.Court of Claims of Ohio.
Filed November 5, 2004.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Santiago Aguilar, 1330 W. 10th Avenue, Apt. J-6, Kennewick, Washington 99336, Plaintiff, Pro se.

Colonel Paul D. McClellan, Ohio State Highway Patrol, P.O. Box 182074, Columbus, Ohio 43218-2074, for Defendant.

MEMORANDUM DECISION {¶ 1} The court finds that:

{¶ 2} 1) On August 10, 2004, plaintiff, Santiago Aguilar, filed a complaint against defendant, Ohio State Highway Patrol, alleging his vehicle was damaged by defendant’s personnel. Plaintiff seeks damages in the amount of $714.75 for vehicle repair. Plaintiff submitted the filing fee with his complaint;

{¶ 3} 2) On October 7, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $714.75, plus $25.00 for filing fee reimbursement.

{¶ 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 $714.75, 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 $739.75, 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.