[Cite as Barker v. State Highway Patrol, 2003-Ohio-6032.]
IN THE COURT OF CLAIMS OF OHIO
DARRELL R. BARKER
:
Plaintiff
:
v.
:
CASE NO. 2003-09190-AD
:
MEMORANDUM DECISION
STATE HIGHWAY PATROL
Defendant
:
:::::::::::::::::
{¶1}
THE COURT FINDS THAT:
{¶2}
1)
On August 26, 2003, plaintiff, Darrell R. Barker, filed a complaint
against defendant, Ohio State Highway Patrol, alleging defendant’s personnel damaged his
automobile tire. Plaintiff seeks damages in the amount of $61.37 for property damage.
Plaintiff submitted the filing fee on September 10, 2003;
{¶3}
2)
On September 26, 2003l, defendant filed an investigation report
admitting liability and acknowledging plaintiff suffered damages in the amount of $61.37 for
property damage, plus $25.00 for filing fees.
{¶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 suffered damages in the amount of $61.37, 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 $86.37, 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:
Darrell R. Barker
Plaintiff, Pro se
1080 Oakland Park
Columbus, Ohio 43224
Colonel Paul D. McClellan
Ohio State Highway Patrol
P.O. Box 182074
Columbus, Ohio 43218-2074
RDK/laa
10/7
Filed 10/17/03
Sent to S.C. reporter 11/10/03
For Defendant
