2004-Ohio-207
No. 2003-10562-AD.Court of Claims of Ohio.
January 16, 2004.
Reubin J. Beavers, #309-285, 16149 St. Rt. 104, P.O. Box 7010, Chillicothe, Ohio 45601, for Plaintiff, Pro se.
Novella Beavers, 4605 Casaba Court, Dayton, Ohio 45417, for Plaintiff, Pro se.
Gregory C. Trout, Chief Counsel, Department of Rehabilitation and Correction, 1050 Freeway Drive North Columbus, Ohio 43229, for Defendant.
MEMORANDUM DECISION {¶ 1} The Court finds that:
{¶ 2} 1) On October 14, 2003, plaintiffs, Reubin J. and Novella Beavers, filed a complaint against defendant, Ross Correctional Institution, alleging defendant’s negligence caused the loss of a $50.00 money order. Plaintiffs seek damages in the amount of $50.00, plus the $25.00 filing fee;
{¶ 3} 2) On December 4, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $50.00;
{¶ 4} 3) On October 14, 2003, plaintiffs submitted the filing fee;
{¶ 5} 4) On December 15, 2003, plaintiff, Reubin J. Beavers, filed a response to defendant’s investigation report.
{¶ 6} The Court concludes that:
{¶ 7} 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;
{¶ 8} 2) Plaintiffs have suffered damages in the amount of $50.00, 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.
{¶ 9} 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, Reubin J. Beavers, in the amount of $75.00. 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.