No. 2003-07278-AD.Court of Claims of Ohio.
July 11, 2003.
Tony R. Gross, Plaintiff, Pro se.
Margaret Bradshaw, Warden, For Defendant Mansfield Correctional Institution.
MEMORANDUM DECISION
DANIEL R. BORCHERT, Deputy Clerk
{¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On June 26, 2003, plaintiff, Tony R. Gross, filed a complaint against defendant, Department of Rehabilitation and Correction, alleging defendant’s employees lost his cassette tapes. Plaintiff seeks damages in the amount of $17.98 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee with his complaint;
{¶ 3} 2) On June 26, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $17.98 for property loss.
{¶ 4} THE COURT CONCLUDES THAT:
{¶ 5} 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;
{¶ 6} 2) Plaintiff has suffered damages in the amount of $17.98, 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, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $42.98, which includes the filing fee. Court costs shall be absorbed by this court. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.