Case No. 2002-10500-AD.Court of Claims of Ohio.
Decided January 14, 2003.
Gregory C. Trout, Chief Counsel, for defendant.
MEMORANDUM DECISION {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On December 2, 2002, plaintiff, Brandon Burroughs, filed a complaint against defendant, Noble Correctional Institution, alleging his sundry package containing clothing items was lost while under the control of defendant’s personnel. Plaintiff seeks damages in the amount of $295.71 for property loss. Plaintiff submitted the filing fee with his complaint;
{¶ 3} 2) On December 13, 2002, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $295.71, plus filing fees;
{¶ 4} 3) On December 20, 2002, plaintiff filed a response to defendant’s investigation report expressing his agreement with the report.
{¶ 5} THE COURT CONCLUDES THAT:
{¶ 6} 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;
{¶ 7} 2) Plaintiff has suffered damages in the amount of $295.71, 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.
{¶ 8} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;
{¶ 9} IT IS ORDERED THAT:
{¶ 10} 1) Plaintiff’s claim is GRANTED and judgment is rendered in favor of the plaintiff;
{¶ 11} 2) Defendant (Noble Correctional Institution) pay plaintiff (Brandon Burroughs) $320.71 and such interest as is allowed by law;
{¶ 12} 3) Court costs are assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk