Case No. 2002-09137-AD.Court of Claims of Ohio.
November 22, 2002.
Margaret Bradshaw, Warden, Mansfield Correctional Institution, for defendant.
MEMORANDUM DECISION {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On October 10, 2002, plaintiff, Byron Young, filed a complaint against defendant, Department of Rehabilitation and Correction, alleging defendant’s employees lost his personal property. Plaintiff seeks damages in the amount of $48.65 for property loss, plus filing fees. Plaintiff submitted the filing fee with his complaint;
{¶ 3} 2) On October 10, 2002, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $48.65.
{¶ 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 $48.65, 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 (Department of Rehabilitation and Correction) pay plaintiff (Byron Young) $73.65 and such interest as is allowed by law;
{¶ 11} 3) The court shall absorb the court costs of this case.
DANIEL R. BORCHERT
Deputy Clerk