No. 2003-07022-AD.Court of Claims of Ohio.
August 13, 2003.
Dorsey J. Dunn, Plaintiff, Pro se.
John Dean, Warden, Southeastern Correctional Institution, For Defendant.
DANIEL R. BORCHERT, Deputy Clerk
{¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On June 27, 2003, Plaintiff, Dorsey J. Dunn, filed a complaint against defendant, Southeastern Correctional Institution, alleging his cassette tapes were lost while under the control of defendant’s personnel. Plaintiff seeks damages in the amount of $31.93 for property loss. Plaintiff submitted the filing fee on July 16, 2003;
{¶ 3} 2) On June 27, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $31.93 for property loss.
{¶ 4} THE COURT CONCLUDES THAT:
{¶ 5} 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;
{¶ 6} 2) Plaintiff has suffered damages in the amount of $31.93, 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.
{¶ 7} 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 $56.93, which includes the filing fee. The court shall absorb the costs of this case. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.