Miley v. Ohio State Highway Patrol

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[Cite as Miley v. Ohio State Highway Patrol, 2003-Ohio-5572.] IN THE COURT OF CLAIMS OF OHIO BETTY J. MILEY : Plaintiff : v. : CASE NO. 2003-08291-AD : MEMORANDUM DECISION OHIO STATE HIGHWAY PATROL Defendant : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On July 25, 2003, plaintiff, Betty J. Miley, filed a complaint against defendant, Ohio State Highway Patrol, alleging defendant s employee lost her eyeglasses. Plaintiff seeks damages in the amount of $298.00 for property loss. The filing fee was submitted on August 4, 2003; {¶3} 2) On August 13, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $298.00 for property loss, plus $25.00 for {¶4} filing fee reimbursement; {¶5} 3) {¶6} THE COURT CONCLUDES THAT: {¶7} 1) On September 8, 2003, plaintiff filed a response. 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; {¶8} 2) Plaintiff has suffered damages in the amount of $298.00, 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. {¶9} 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 $323.00, 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: Michael P. Kelly Attorney for Plaintiff 108 S. High Street Mt. Orab, Ohio 45154 Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 9/16 Filed 10/2/03 Sent to S.C. reporter 10/21/03 For Defendant

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