Robert Allenick, Plaintiff, v. Ohio Department of Natural Resources, Defendant.

No. 2008-10633-AD.Court of Claims of Ohio.
January 29, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]


FINDINGS OF FACT {¶ 1} 1) On July 24, 2008, a boat owned by plaintiff, Robert Allenick, was damaged when the watercraft struck a submerged unmarked dredge hose in the channel of Geneva State Park Marina. Plaintiff pointed out the dredge hose was part of a dredge owned by defendant, Department of Natural Resources (“DNR”). Plaintiff filed this complaint against DNR seeking to recover $1,050.00, his insurance coverage deductible for boat repair. The filing fee was paid.

{¶ 2} 2) Defendant filed an investigation report admitting liability for plaintiffs property damage in the amount of $1,050.00. Defendant also agreed to reimburse plaintiff for filing fee costs.

CONCLUSIONS OF LAW {¶ 3} 1) Sufficient proof of liability on the part of DNR has been shown. Finamore v. Ohio Dept. of Natural Resources, Ct. of Cl. No. 2006-04296-AD, 2006-Ohio-7298; Lowe v. Ohio Dept. of Natural Resources, Ct. of Cl. No. 2006-07660-AD, 2007-Ohio-2404.

{¶ 4} 2) Plaintiff has suffered damages in the amount of $1,050.00, plus the $25.00 filing fee which may be reimbursed as compensable costs pursuant to

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R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.

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 $1075.00, which includes the filing fee. Court costs are assessed against defendant.

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