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

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[Cite as Sanders v. Ohio Dept. of Rehab. & Corr., 2003-Ohio-3909.] IN THE COURT OF CLAIMS OF OHIO GARY SANDERS : Plaintiff : v. : CASE NO. 2003-06948-AD : MEMORANDUM DECISION DEPT. OF REHABILITATION AND CORRECTIONS : Defendant ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On June 17, 2003, plaintiff, Gary Sanders, filed a complaint against defendant, Department of Rehabilitation and Correction, alleging defendant s employee destroyed his radio. Plaintiff seeks damages in the amount of $40.00 for property loss. Plaintiff submitted the filing fee with his complaint; {¶3} 2) On June 17, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $40.00. {¶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 $40.00, 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 $65.00, which includes the filing fee. Court costs shall be absorbed by this 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: Gary Sanders, #A207-343 P.O. Box 788 Mansfield, Ohio 44901 Plaintiff, Pro se Margaret Bradshaw, Warden Mansfield Correctional Institution 1000 North Main Street Mansfield, Ohio 44903 For Defendant RDK/DRB/laa 6/27 Filed 7/11/03 Sent to S.C. reporter 7/22/03

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