[Cite as Kochalko v. Corr. Reception Ctr., 2004-Ohio-7290.]
IN THE COURT OF CLAIMS OF OHIO
DANIEL J. KOCHALKO
:
Plaintiff
:
v.
:
CASE NO. 2004-08499-AD
:
ENTRY OF DISMISSAL
CORRECTIONS RECEPTION CENTER
Defendant
:
: : : : : : : : : : : : : : : : :
{¶ 1} On August 26, 2004, plaintiff filed a complaint against
defendant,
Corrections
plaintiff’s
pleadings
Reception
and
Center.
attachments,
From
a
plaintiff
review
is
of
alleging
defendant’s agents lost his leg brace while it was in their
possession.
Plaintiff seeks damages in the amount of $1,082.00,
the cost of the leg brace.
Plaintiff submitted the filing fee on
September 20, 2004.
{¶ 2} On October 26, 2004, defendant filed a motion to dismiss.
Defendant asserts plaintiff’s case should be denied for failure to
state a claim upon which relief can be granted pursuant to Civ.R.
12(B)(6) and, in the alternative, that defendant mailed the leg
brace out of the facility to an address designated by plaintiff and
any subsequent loss should not be the responsibility of defendant.
{¶ 3} A review of the pleading and attachments submitted by
plaintiff reveal he is asserting a claim of negligence against
defendant.
Consequently, defendant’s assertion that this claim
should be denied pursuant to Civ.R. 12(B)(6) is denied.
{¶ 4} However, it is also clear that once an item has been
shipped out of the facility, the subsequent loss of the item is not
the
defendant’s
responsibility.
Owens
v.
Department
of
Rehabilitation and Correction (1986), 85-08061-AD; Perkins v. Ohio
Case No. 2004-08499-AD
State
Reformatory
-2-
(1987),
ENTRY
86-10743-AD.
In
the
case
at
bar,
defendant presented evidence from UPS, the carrier utilized to ship
plaintiff’s leg brace from the facility, that the leg brace was
delivered to the address designated by plaintiff on February 4,
2004.
Once defendant has mailed property from the institution to
an address designated by plaintiff it is no longer responsible for
its subsequent loss.
{¶ 5} Plaintiff has not responded to defendant’s motion to
dismiss with any evidence refuting or questioning defendant’s
evidence.
{¶ 6} Defendant’s motion to dismiss is GRANTED.
is DISMISSED.
clerk
shall
Plaintiff case
Court costs are assessed against plaintiff.
serve
upon
all
parties
notice
of
this
entry
The
of
dismissal and its date of entry upon the journal.
________________________________
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Daniel J. Kochalko, #A465-667
P.O. Box 209
Orient, Ohio 43146
Plaintiff, Pro se
Stephen A. Young, Staff Counsel
Department of Rehabilitation
and Correction
1050 Freeway Drive North
Columbus, Ohio 43229
For Defendant
DRB/laa
11/24
Filed 12/1/04
Sent to S.C. reporter 1/10/05
