Grooms v. Indian Lake State Park

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[Cite as Grooms v. Indian Lake State Park, 2003-Ohio-7139.] IN THE COURT OF CLAIMS OF OHIO JOHN R. GROOMS, et al. Plaintiffs : : v. : INDIAN LAKE STATE PARK Defendant CASE NO. 2003-09939-AD : MEMORANDUM DECISION : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On September 23, 2003, plaintiff, John R. Grooms, filed a complaint against defendant, Indian Lake State Park, alleging his rental property was damaged by a tree owned by defendant. Plaintiff seeks damages in the amount of $296.81. Plaintiff submitted the filing fee with his complaint; {¶3} 2) On November 24, 2003, defendant filed an investigation report admitting liability. {¶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) Plaintiffs have suffered damages in the amount of $296.81, plus the $25.00 filing fee, which may be reimbursed 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 plaintiffs in the amount of $321.81, 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: John R. Grooms Lou A. Grooms 5000 Powell Road Huber Heights, Ohio 45424 Plaintiffs, Pro se Charles G. Rowan Deputy Chief Counsel Department of Natural Resources 1930 Belcher Drive Building D-3 Columbus, Ohio 43224-1387 For Defendant DRB/RDK/laa 12/2 Filed 12/9/03 Sent to S.C. reporter 12/29/03

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