Case No. 2002-10151-AD.Court of Claims of Ohio.
January 22, 2003.
For Defendant: John Dean, Warden Southeastern Correctional Institution, 5900 B.I.S. Road Lancaster, OH 43130.
MEMORANDUM DECISION {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On November 19, 2002, plaintiff, Jai A. Pirtle, filed a complaint against defendant, Southeastern Correctional Institution, alleging defendant’s personnel lost his gym shoes. Plaintiff seeks damages in the amount of $63.97 for property loss. Plaintiff submitted the filing fee on November 20, 2002;
{¶ 3} 2) On November 27, 2002, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $63.97.
{¶ 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 $63.97, 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 (Southeastern Correctional Institution) pay plaintiff (Jai A. Pirtle) $88.97 and such interest as is allowed by law;
{¶ 11} 3) Court costs are assessed against defendant.
DANIEL R. BORCHERT Deputy Clerk