2007-Ohio-1206
No. 2006-05055-AD.Court of Claims of Ohio.
Filed: January 25, 2007.
Quian R. Britford, Ohio.
Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction, Ohio.
MEMORANDUM DECISION
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FINDINGS OF FACT {¶ 1} 1) Plaintiff, Quian R. Britford, an inmate incarcerated at defendant, Pickaway Correctional Institution (“PCI”), stated during his transfer from defendant to Frazier Hospital, items of personal property were lost. Plaintiff alleges the following personal property items were lost during his transfer: an adaptor, AM/FM Sony cassette player with Sony Headphones, CD player, Koss headphones, Conair trimmers, a velour comforter, three pairs of socks, four pairs of boxer shorts and four t-shirts.
{¶ 2} 2) On August 7, 2006, plaintiff filed a complaint seeking damages in the amount of $192.26, for his lost property plus additional damages for emotional distress, mental anguish, and physical discomfort associated with the loss of his property. Plaintiffs filing fee was waived.
{¶ 3} 3) On August 16, 2006, defendant was served with a copy of plaintiffs complaint. On October 17, 2006, defendant filed a motion for extension of time to submit the investigation report. On November 8, 2006, this court issued an entry granting defendant’s motion for extension of time. The entry required defendant file an investigation report on or before December 8, 2006.
{¶ 4} 4) On November 29, 2006, defendant filed an investigation report admitting liability and damages for the loss of plaintiffs personal property. However, defendant asserts plaintiffs damages should be limited to the personal property loss suffered by plaintiff and should not include damages attributable to emotional distress, mental anguish or physical discomfort.
{¶ 5} 5) On December 5, 2006, plaintiff filed a motion in opposition to the extension of time. Plaintiffs motion was filed in an untimely manner and, accordingly will be denied.
{¶ 6} 6) On December 11, 2006, plaintiff filed a motion to consolidate the above captioned claim with Claim No. 2006-05047-AD. An investigation report in both claims had been filed prior to the submission of plaintiffs motion, accordingly, plaintiffs motion to consolidate is denied.
{¶ 7} 7) Plaintiff has not responded to defendant’s investigation report.
CONCLUSIONS OF LAW {¶ 8} 1 ) In respect to all loss claimed, plaintiff has proven, by a preponderance of the evidence, negligence on the part of defendant Baisden v. Southern Ohio
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(1977), 76-0617-AD.
{¶ 9} 2) An inmate cannot recover for mental anguish for the loss or destruction of his property. Galloway v. Rehabilitation and Correction (1979), 78-0731-AD.
{¶ 10} 3) The court finds defendant liable to plaintiff in the amount of $192.26.
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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 $192.26. 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.
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