2008-Ohio-4187
No. 2007-08864-AD.Court of Claims of Ohio.
May 30, 2008.
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MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On September 2, 2007, a boat owned by plaintiff, David S. Duncan, was damaged by a watercraft owned by defendant, Department of Natural Resources (“DNR”) and operated by a DNR employee. Consequently, plaintiff filed this complaint seeking to recover $213.00, the cost of boat repair. The filing fee was paid.
{¶ 2} 2) Defendant filed an investigation report acknowledging plaintiff stated a claim under Chapter 2743 of the Ohio Revised Code. Defendant agreed plaintiff suffered property damage in the amount of $213.00 and filing fee costs in the amount of $25.00.
CONCLUSIONS OF LAW {¶ 3} 1) Negligence on the part of defendant has been shown. Se Guitridge v. Ohio Dept. of Natural Resources, Ct. of Cl. No. 2003-10821-AD, 2004-Ohio-2889.
{¶ 4} 2) Plaintiff has suffered damages in the amount of $213.00, plus the $25.00 filing fee which may be reimbursed as compensable costs pursuant to R.C. 2335.19. See 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 $238.00, which includes the filing fee. Court costs are assessed against defendants.
Entry cc:
David S. Duncan
13905 Marlington Street N.E.
Alliance, Ohio 44601
Charles G. Rowan, Deputy Chief Counsel
Department of Natural Resources
2045 Morse Road, Building D-3
Columbus, Ohio 43229-6693
Department of Administrative Services
4200 Surface Road
Columbus, Ohio 43228
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