Skeens v. Ohio Dept. of Rehab. & Corr.

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[Cite as Skeens v. Ohio Dept. of Rehab. & Corr., 2003-Ohio-4287.] IN THE COURT OF CLAIMS OF OHIO KENNETH SKEENS : Plaintiff : v. : CASE NO. 2003-02519-AD : MEMORANDUM DECISION DEPARTMENT OF REHABILITATION AND CORRECTION : Defendant : : : : : : : : : : : : : : : : : {¶1} THE COURT FINDS THAT: {¶2} 1) On February 19, 2003, plaintiff, Kenneth Skeens, filed a complaint against defendant, Department of Rehabilitation and Correction, television set. alleging defendant s personnel damaged his Plaintiff seeks damages in the amount of $220.00 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing on March 7, 2003; {¶3} 2) On June 25, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $245.00. {¶4} THE COURT CONCLUDES THAT: {¶5} 1) I find, by a preponderance negligence by defendant has been shown. of the evidence, 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 $220.00, 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, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $245.00, which includes the filing fee. 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. DANIEL R. BORCHERT Deputy Clerk Entry cc: Kenneth Skeens, #295-649 P.O. Box 7010 Chillicothe, Ohio 45601 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 For Defendant RDK/laa 7/17 Filed 7/24/03 Sent to S.C. reporter 8/14/03

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