2005-Ohio-5747
No. 2005-08395-AD.Court of Claims of Ohio.
October 7, 2005.
Eve Green Plaintiffs, Pro se, Ed Green, 375 Sylvania Drive, New Galilee, PA 16141.
Charles G. Rowan For Defendant, Deputy Chief Counsel Ohio Department of Natural Resources 2045 Morse Road, Building D-3, Columbus, Ohio 43229-6693.
MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} On July 14, 2005, plaintiffs, Eve and Ed Green, filed a complaint against defendant, Pymatuning State Park, asserting their camper trailer was damaged by a fallen tree limb while parked on defendant’s grounds.
{¶ 2} Plaintiffs seek damages in the amount of $658.74 for property damage repair, plus $25.00 for filing fee reimbursement.
{¶ 3} On September 6, 2005, defendant filed an investigation report admitting liability for plaintiffs’ property damage.
CONCLUSIONS OF LAW {¶ 4} Sufficient proof of liability on the part of defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD.
{¶ 5} Plaintiffs have suffered damages in the amount of $658.74, 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 plaintiffs in the amount of $683.74, 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.