BAUMBICK v. OHIO STATE PATROL, 2007-09291-AD (5-23-2008)

2008-Ohio-4191

No. 2007-09291-AD.Court of Claims of Ohio.
May 23, 2008.

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MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On October 11, 2007, a canine under the control of defendant, Ohio State Highway Patrol, damaged a vehicle owned by plaintiff, Michael A. Baumbick. Plaintiff filed this complaint seeking to recover $912.05, the cost of automotive repair. Plaintiff submitted the $25.00 filing fee.

{¶ 2} 2) Defendant filed an investigation report agreeing to reimburse plaintiff the requested damage amount.

CONCLUSIONS OF LAW {¶ 3} 1) Negligence on the part of defendant has been established Spradlin v. Ohio State Highway Patrol, Ct. of Cl. No. 2002-08971-AD, 2003-Ohio-118.

{¶ 4} 2) Plaintiff has suffered damages in the amount of $912.05, plus the $25.00 filing fee, which may be reimbursed as costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19,

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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 $937.05, which includes the filing fee. Court costs are assessed against defendant.

Entry cc:

Michael Baumbick 224 Amherst MHP So. Amherst, Ohio 44001

Colonel Richard H. Collins Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074

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