YONTZ v. BUREAU OF MOTOR VEHICLES, Unpublished Decision (1-14-2003)


HEATHER YONTZ, Plaintiff v. BUREAU OF MOTOR VEHICLES, Defendant.

Case No. 2002-04950-AD.Court of Claims of Ohio.
Decided January 14, 2003.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

John R. Guldin, Associate Legal Counsel, for defendant.

MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) On May 16, 2002, plaintiff, Heather Yontz, filed a complaint against defendant, Bureau of Motor Vehicles, alleging her license plates were improperly registered to another person. Plaintiff’s automobile was towed and impounded as a result of defendant’s error concerning plaintiff’s license plate registration information. Plaintiff seeks damages in the amount of $147.00 for towing costs, impound fees and filing fee reimbursement.

{¶ 2} 2) On December 2, 2002, defendant filed an investigation report admitting error in recording plaintiff’s registration record.

CONCLUSIONS OF LAW {¶ 3} 1) Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, information was erroneously listed by defendant. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Serbanescu v. Bureau of Motor Vehicles (1994), 93-15038-AD Black v. Bureau of Motor Vehicles (1996), 95-01441-AD.

{¶ 4} 2) Plaintiff has proven, by a preponderance of the evidence, that her license plate registration was improperly listed as suspended by defendant. McGee v. Ohio Bureau of Motor Vehicles (1997), 97-03999-AD.

{¶ 5} 3) Defendant is liable to plaintiff for damages plaintiff can prove resulted from defendant’s negligence. Patlow v. Bureau of Motor Vehicles (1997), 97-07820-AD. Plaintiff has proven that she incurred towing and impound costs as a result of defendant’s act.

{¶ 6} 4) Plaintiff has suffered damages in the amount of $122.00, 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 (Bureau of Motor Vehicles) pay plaintiff (Heather Yontz) $147.00 and such interest as is allowed by law;

{¶ 11} 3) Court costs are assessed against defendant.

DANIEL R. BORCHERT

Deputy Clerk