2005-Ohio-7102

Harold L. Alexander, Plaintiff, v. Ohio State Highway Patrol, Defendant.

No. 2005-09600-AD.Court of Claims of Ohio.
Filed December 7, 2005.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Harold L. Alexander, 1551 St. Rt. 73, Rarden, Ohio 45671, Plaintiff, Pro se.

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

MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On August 19, 2005, an employee of defendant, Ohio State Highway Patrol, discharged a firearm which caused damage to the vehicle of plaintiff, Harold Alexander.

{¶ 2} 2) Plaintiff filed this complaint seeking to recover $300.00, the estimated cost of vehicle repair. Plaintiff implied his property damage resulted from negligence on the part of defendant’s employee. The filing fee was paid.

{¶ 3} 3) Defendant admitted liability for plaintiff’s property damage in the amount of $300.00, plus $25.00 for filing fee reimbursement.

CONCLUSIONS OF LAW {¶ 4} 1) Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff’s property in the performance of official acts. Vastine v. State Highway Patrol,
2002-10305-AD, 2003-Ohio-1681. 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 $300.00, 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.

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 $325.00, 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.