Gribbin v. Lima Correctional Inst.
Annotate this Case
Download PDF
[Cite as Gribbin v. Lima Correctional Inst., 2003-Ohio-4295.] IN THE COURT OF CLAIMS OF OHIO MARK S. GRIBBIN : Plaintiff : v. : CASE NO. 2003-05071-AD : MEMORANDUM DECISION LIMA CORRECTIONAL INST. Defendant : : : : : : : : : : : : : : : : : : {¶1} {¶2} a THE COURT FINDS THAT: 1) complaint alleging his On April 18, 2003, plaintiff, Mark S. Gribbin, filed against gym defendant, shoes were Lima lost Correctional by Institution, defendant s personnel. Plaintiff seeks damages in the amount of $125.00 for the loss of the shoes plus $21.75 for telephone calls. Plaintiff submitted the filing fee on June 12, 2003; {¶3} 2) On June 23, 2003, defendant filed an investigation report admitting liability, but disputing plaintiff s damage claim. Defendant contended plaintiff is not entitled to recover the cost of telephone calls. Additionally, defendant asserted the lost shoes were worth $75.00. Plaintiff submitted evidence showing the shoes were purchased for $125.00. {¶4} THE COURT CONCLUDES THAT: {¶5} 1) Plaintiff is not entitled to expenses, i.e., the cost of phone calls, related to the prosecution of this case. Hamman v. Witherstrine (1969), 20 Ohio Misc. 77 252 N.E. 2d 196; {¶6} 2) 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; {¶7} 3) Plaintiff has suffered damages in the amount of $125.00, 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. {¶8} for Having considered all the evidence in the claim file and, the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $150.00, which includes the filing fee. costs are assessed against defendant. Court 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: Mark S. Gribbin, #429-871 P.O. Box 4571 Lima, Ohio 45802-4571 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
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
