Case No. 2002-05841-AD.Court of Claims of Ohio.
Decided January 7, 2003.
Gregory C. Trout, Chief Counsel, Department of Rehabilitation and Correction, for defendant.
MEMORANDUM DECISION {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On June 13, 2002, plaintiff, David Eastman, filed a complaint against defendant, Lorain Correctional Institution, alleging his personal property was lost or damaged during a transfer procedure. Plaintiff seeks damages in the amount of $395.00. Plaintiff submitted the filing fee on August 20, 2002;
{¶ 3} 2) On November 27, 2002, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $395.00 for property loss, plus the filing fee;
{¶ 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 $395.00, 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 adopting the memorandum decision concurrently herewith;
{¶ 9} IT IS ORDERED THAT:
{¶ 10} 1) Plaintiff’s claim is GRANTED and judgment is rendered in favor of the plaintiff;
{¶ 11} 2) Defendant (Lorain Correctional Institution) pay plaintiff (David Eastman) $420.00 and such interest as is allowed by law;
{¶ 12} 3) Court costs are assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk