2004-Ohio-1085
Case No. 2003-11364-AD.Court of Claims of Ohio.
February 25, 2004.
Robert J. Delegram, 1103 Waldo Way, Twinsburg, Ohio 44087, Plaintiff, Pro se.
David McCallister, Associate Legal Counsel, Ohio Department of Public, Safety-Legal Services, 1970 West Broad Street, P.O. Box 182081, Columbus, Ohio 43223-2081, For Defendant.
MEMORANDUM DECISION FINDINGS OF FACT
“1) On November 13, 2003, plaintiff, Robert J. Delegram, filed a complaint against defendant, Bureau of Motor Vehicles, alleging his driver’s license was improperly listed as suspended by defendant. Plaintiff’s automobile was towed and impounded as a result of defendant’s error concerning plaintiff’s driving status. Plaintiff seeks damages in the amount of $119.56 for towing and impound fees, $7.00 for mileage, and $25.00 for filing fee reimbursement.
“2) On January 20, 2004, defendant filed an investigation report admitting error in recording plaintiff’s driving status.
“3) Plaintiff filed a response.
CONCLUSIONS OF LAW
“1) Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, his driver’s license was erroneously listed as suspended by defendant. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Serbanescu v. Bureau of Motor Vehicles (1994), 93-15038-AD; Black v. Bureau of Motor Vehicles (1996), 95-01441-AD.
“2) Plaintiff has proven, by a preponderance of the evidence, that his driver’s license was improperly listed as suspended by defendant. McGee v. Ohio Bureau of Motor Vehicles (1997), 97-03999-AD.
“3) Defendant is liable to plaintiff for damages plaintiff can prove resulted from defendant’s negligence. Partlow v. Bureau of Motor Vehicles (1997), 97-07820-AD. Plaintiff has proven that he incurred all damages claimed as a result of defendant’s error. Plaintiff has suffered damages in the amount of $126.56, 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 $151.56, 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.