No. 2002-10216-AD.Court of Claims of Ohio.
Decided February 26, 2003.
John R. Guldin, Associate Legal Counsel, Ohio Department of Public Safety, Legal Services, for defendant.
MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On November 21, 2002, plaintiff, George N. Fletcher, filed a complaint against defendant, Bureau of Motor Vehicles, alleging his driver’s license was improperly listed as suspended by defendant. Plaintiff’s automobile was towed and impounded as a result of defendant’s error concerning plaintiff’s driving status. Plaintiff seeks damages in the amount of $188.,00 for all expenses related to the erroneous listing of his license status.
{¶ 2} 2) On December 30, 2002, defendant filed an investigation report admitting error in recording plaintiff’s driving status.
CONCLUSIONS OF LAW {¶ 3} 1) Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, his driver’s license was erroneously listed as suspended by defendant. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Serbanescu v. Bureau of Motor Vehicles
(1994), 93-15038-AD; Black v. Bureau of Motor Vehicles (1996), 95-01441-AD,
{¶ 4} 2) Plaintiff has proven, by a preponderance of the evidence, that his driver’s license was improperly listed as suspended by defendant. McGee v. Ohio Bureau of Motor Vehicles (1997), 97-03999-AD.
{¶ 5} 3) Defendant is liable to plaintiff for damages plaintiff can prove resulted from defendant’s negligence. Partlow v. Bureau of Motor Vehicles (1997), 97-07820-AD. Plaintiff has proven that he incurred all damages claimed as a result of defendant’s error.
{¶ 6} 4) Plaintiff has suffered damages in the amount of $163.00, 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.
{¶ 7} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;
{¶ 8} IT IS ORDERED THAT:
{¶ 9} 1) Plaintiff’s claim is GRANTED and judgment is rendered in favor of the plaintiff;
{¶ 10} 2) Defendant (Bureau of Motor Vehicles) pay plaintiff (George N. Fletcher) $188.00 and such interest as is allowed by law;
{¶ 11} 3) Court costs are assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk