2003-Ohio-6602
Case No. 2003-10741-AD.Court of Claims of Ohio.
Filed November 13, 2003.
Jesse J. Custom, plaintiff, Pro se.
Carl Anderson, Warden, Grafton Correctional Institution, defendant.
MEMORANDUM DECISION
DANIEL R. BORCHERT, Deputy Clerk.
The Court finds that:
“1) On October 20, 2003, plaintiff, Jesse J. Custom, filed a complaint against defendant, Department of Rehabilitation and Correction, alleging defendant’s personnel lost his greeting card. Plaintiff seeks damages in the amount of $1.12 for property loss, plus $25.00 for filing fee reimbursement;
“2) On October 20, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $26.12.
The court concludes that:
“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;
“2) Plaintiff has suffered damages in the amount of $1.12, 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.
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 $26.12, 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.