[Cite as Paxson v. Warren Correctional Inst., 2003-Ohio-6033.]
IN THE COURT OF CLAIMS OF OHIO
JAMES L. PAXSON
:
Plaintiff
:
v.
:
WARREN CORRECTIONAL
CASE NO. 2003-09327-AD
:
MEMORANDUM
DECISION
INSTITUTION
:
Defendant
:::::::::::::::::
{¶1}
THE COURT FINDS THAT:
{¶2}
1)
On September 2, 2003, plaintiff, James L. Paxson, filed a complaint
against defendant, Warren Correctional Institution, alleging his radio/cassette player was
damaged while under the control of defendant’s personnel. Plaintiff seeks damages in the
amount of $43.50 for property loss, plus filing fee reimbursement. The filing fee was paid.
{¶3}
2)
On September 15, 2003, defendant filed an investigation report
admitting liability and acknowledging plaintiff suffered damages in the amount of $43.50 for
property loss, plus filing fees;
{¶4}
3)
Plaintiff filed a response to defendant’s investigation report expressing
his agreement.
{¶5}
THE COURT CONCLUDES THAT:
{¶6}
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;
{¶7}
2)
Plaintiff has suffered damages in the amount of $43.50, plus the
$25.00 filing fee, which may be reimbursed as compensable damages pursuant to the
holding in Bailey v. Ohio Dept. of Rehab. & Corr. (1990), 62 Ohio Misc. 2d 19.
{¶8}
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 $68.50, 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:
James L. Paxson, #128-417
P.O. Box 120
Lebanon, Ohio 45036
Gregory C. Trout, Chief Counsel
Department of Rehabilitation
and Correction
1050 Freeway Drive North
Columbus, Ohio 43229
RDK/laa
10/7
Filed 10/17/03
Sent to S.C. reporter 11/10/03
Plaintiff, Pro se
For Defendant
