FOSTER v. DEPT. OF REHAB. AND CORRECTIONS, Unpublished Decision (9-10-2003)

2003-Ohio-5300

LAMONT FOSTER, Plaintiff v. DEPT. OF REHAB. AND CORRECTIONS, Defendant.

Case No. 2003-08380-AD.Court of Claims of Ohio.
September 10, 2003.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Lamont Foster, #A422-564, Plaintiff, Pro se.

Margaret Bradshaw, Warden Mansfield Correctional Institution, For Defendant.

MEMORANDUM DECISION
DANIEL R. BORCHERT, Deputy Clerk

{¶ 1} THE COURT FINDS THAT:

{¶ 2} 1) On July 28, 2003, plaintiff, Lamont Foster, filed a complaint against defendant, Department of Rehabilitation and Correction, alleging defendant’s negligence caused the loss of his personal property. Plaintiff seeks damages in the amount of $26.00;

{¶ 3} 2) On July 28, 2003, plaintiff submitted a cashier’s statement. Upon review, the court has determined the validity of the statement and hereby waives payment of the filing fee only;

{¶ 4} 3) On July 28, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $26.00.

{¶ 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 $26.00.

{¶ 8} 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 $26.00, which includes the filing fee. Court costs shall be absorbed by the court. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.