2006-Ohio-7319
No. 2006-06086-AD.Court of Claims of Ohio.
July 18, 2007.
Dwayne Johnson, Ohio, Plaintiff, Pro se.
Colonel Paul D. McClellan, Ohio State Highway Patrol, For Defendant, Ohio, For Defendant.
MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Dwayne Johnson, filed a complaint seeking to recover towing and storage fees imposed for a vehicle ordered impounded by defendant, Ohio State Highway Patrol (“OSHP”). The vehicle was impounded incident to a charge against the vehicle’s driver. A judge of the Municipal Court of Franklin County, ordered that the fees for towing and storage of the impounded vehicle be paid by OSHP. Based on this court order, plaintiff seeks $174.00 in damages for towing and storage fees. The filing fee was waived.
{¶ 2} 2) OSHP filed an investigation report agreeing to reimburse plaintiffs $174.00, pursuant to the order issued by the Municipal Court of Franklin County.
{¶ 3} 3) Plaintiff responded expressing his agreement with defendant’s position.
CONCLUSIONS OF LAW {¶ 4} 1) Sufficient proof of liability on the part of defendant has been shown. Lockhart v. State Highway Patrol-Ohio, 2005-07356-AD, 2005-Ohio-5396; Moro v. Ohio State Highway Patrol, 2002-04429-AD, 2002-Ohio-4635; Vastine v. Ohio State Highway Patrol, 2002-10305-AD, 2003-Ohio-1681; Ken Son Towing, Inc. v. Ohio State
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Highway Patrol, 2005-09499-AD, 2005-Ohio-6814.
{¶ 5} 2) Plaintiff suffered damages in the amount of $174.00.
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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 plaintiff in the amount of $174.00. 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.
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