2003-Ohio-5297
Case No. 2003-06417-AD.Court of Claims of Ohio.
September 10, 2003.
Dustin P. Dixon, #418-442 Plaintiff, Pro se.
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 June 2, 2003, plaintiff, Dustin P. Dixon, filed a complaint against defendant, Noble Correctional Institution, alleging defendant’s employee lost his walkman. Plaintiff seeks damages in the amount of $48.00 for property loss. The filing fee was submitted on July 28, 2003;
{¶ 3} 2) On August 13, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $48.00 for property loss;
{¶ 4} 3) Plaintiff filed a response.
{¶ 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 $48.00, 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.
{¶ 8} 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 $73.00, 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.