[Cite as Flagner v. Southern Ohio Correctional Facility, 2005-Ohio-610.]
IN THE COURT OF CLAIMS OF OHIO
H. BRANDON LEE FLAGNER
:
Plaintiff
:
v.
:
CASE NO. 2004-07808-AD
:
MEMORANDUM DECISION
SOUTHERN OHIO CORRECTIONAL
FACILITY
:
Defendant
: : : : : : : : : : : : : : : : :
THE COURT FINDS THAT:
{¶ 1} 1) On August 2, 2004, H. Brandon Lee Flagner, filed a
complaint against defendant, Southern Ohio Correctional Facility
(“SOCF”), alleging two pairs of pajamas, a blanket, and a large
pitcher were lost while under the control of SOCF staff.
Plaintiff
sought damages in the amount of $120.00 for property loss, plus
$25.00 for filing fee reimbursement;
{¶ 2} 2) On October 22, 2004, defendant filed an investigation
report admitting liability for the loss of one pair of pajamas and
a blanket.
Defendant asserted plaintiff’s damages should be
limited to $50.00 for he loss of his property;
{¶ 3} 3) On November 8, 2004, plaintiff filed a response in
which he agreed to accept a damage award for the loss of one
blanket and one set of pajamas.
Plaintiff apparently dismissed his
claim for a second set of pajamas and a large pitcher.
Plaintiff
claimed damages in the amount of $95.00.
THE COURT CONCLUDES THAT:
{¶ 4} 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;
Case No. 2004-07808-AD
-2-
MEMORANDUM DECISION
{¶ 5} 2) As trier of fact, this court has the power to award
reasonable damages based on evidence presented.
Sims v. Southern
Ohio Correctional Facility (1988), 61 Ohio Misc. 2d 239;
{¶ 6} 3) Damage assessment is a matter within the function of
the trier of fact.
42.
Litchfield v. Morris (1985), 25 Ohio App. 3d
Reasonable certainty as to the amount of damages is required,
which is that degree of certainty of which the nature of the case
admits.
Bemmes v. Pub. Emp. Retirement Sys. Of Ohio (1995), 102
Ohio App. 3d 782;
{¶ 7} 4) The court finds defendant liable to plaintiff in the
amount
of
$50.00,
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.
[Cite as Flagner v. Southern Ohio Correctional Facility, 2005-Ohio-610.]
IN THE COURT OF CLAIMS OF OHIO
H. BRANDON LEE FLAGNER
:
Plaintiff
:
v.
:
CASE NO. 2004-07808-AD
:
ENTRY OF ADMINISTRATIVE
DETERMINATION
SOUTHERN OHIO CORRECTIONAL
FACILITY
:
Defendant
: : : : : : : : : : : : : : : : :
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 $75.00, 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:
H. Brandon Lee Flagner, #188-413
878 Coitsville-Hubbard Road
Youngstown, Ohio 44505
Plaintiff, Pro se
Gregory C. Trout, Chief Counsel
Department of Rehabilitation
and Correction
1050 Freeway Drive North
Columbus, Ohio 43229
For Defendant
RDK/laa
1/11
Filed 1/20/05
Sent to S.C. reporter 2/16/05
