No. 2003-03884-AD.Court of Claims of Ohio.
Decided August 13, 2003.
David L. Burkhart, Pro se, plaintiff.
Gregory C. Trout, Chief Counsel, Department of Rehabilitation and Correction, for defendant.
MEMORANDUM DECISION.
DANIEL R. BORCHERT, Deputy Clerk.
{¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On March 21, 2003, plaintiff, David L. Burkhart, filed a complaint against defendant, Marion Correctional Institution, alleging defendant’s employees lost his television set and headphones. Plaintiff seeks damages in the amount of $223.00 for property loss. Plaintiff submitted the filing fee on April 21, 2003;
{¶ 3} 2) On July 28, 2003, plaintiff filed a motion requesting a ruling in his claim;
{¶ 4} 3) On July 25, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $223.00 for property loss;
{¶ 5} 4) On August 6, 2003, plaintiff 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) Plaintiff has suffered damages in the amount of $223.00, 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} Plaintiff’s July 22, 2003 motion is granted. 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 $248.00, 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.