2003-Ohio-6028
Case No. 2003-06786-AD.Court of Claims of Ohio.
October 17, 2003.
Jim Slaven, Plaintiff, Pro se.
Gregory C. Trout, Chief Counsel, For Defendant.
MEMORANDUM DECISION
DANIEL R. BORCHERT, Deputy Clerk
{¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On June 12, 2003, plaintiff, Jim Slaven, filed a complaint against defendants, Marion and Warren Correctional Institutions, alleging his personal property was damaged by defendants’ personnel. Plaintiff seeks damages in the amount of $218.88 for property loss. Plaintiff submitted the filing fee on September 11, 2003;
{¶ 3} 2) On September 23, 2003, defendants filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $218.88 for property loss.
{¶ 4} THE COURT CONCLUDES THAT:
{¶ 5} 1) I find, by a preponderance of the evidence, negligence by defendants 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 $218.88, 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 $243.88, which includes the filing fee. Court costs are assessed against defendants. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.