2005-Ohio-645
No. 2004-09835-AD.Court of Claims of Ohio.
February 18, 2005.
James D. Dutli, 1935 Salem Parkway, Westlake, Ohio 44145, Plaintiff, Pro se.
Colonel Paul D. McClellan, Ohio State Highway Patrol, P.O. Box 182074, Columbus, Ohio 43218-2074, for Defendant.
MEMORANDUM DECISION
THE COURT FINDS THAT:
{¶ 1} 1) On October 28, 2004, plaintiff, James D. Dutli, filed a complaint against defendant, Ohio State Highway Patrol, alleging defendant’s employee damaged plaintiff’s car. Plaintiff seeks damages in the amount of $272.16 for automotive repair costs. Plaintiff submitted the filing fee with his complaint;
{¶ 2} 2) On December 10, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $272.16, plus filing fee reimbursement.
THE COURT CONCLUDES THAT:
{¶ 3} 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;
{¶ 4} 2) Plaintiff has suffered damages in the amount of $272.16, 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.
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 $297.16, 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.