2007-Ohio-1208
No. 2006-05870-AD.Court of Claims of Ohio.
Filed: January 25, 2007.
Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction, Ohio.
MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On August 9, 2006, an inmate operating a string trimmer on the grounds of defendant’s Belmont Correctional Institution, caused damage to the side window of a truck owned by plaintiff, Michael A. Cenkus.
{¶ 2} 2) Plaintiff filed this complaint seeking to recover $149.80, the cost of a replacement truck window. The filing fee was paid.
{¶ 3} 3) Defendant admitted liability for plaintiffs property damage and acknowledged plaintiff is entitled to the cost of a replacement window, plus filing fee reimbursement.
CONCLUSIONS OF LAW {¶ 4} 1) Sufficient proof of liability on the part of defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD.
{¶ 5} 2) Plaintiff has suffered damages in the amount of $149.80, 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, 587 N.E. 2d 990.
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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 $174.80, 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.
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