Jones v. Trumbull Correctional Inst.
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[Cite as Jones v. Trumbull Correctional Inst., 2005-Ohio-1070.] IN THE COURT OF CLAIMS OF OHIO DONTE R. JONES, SR. : Plaintiff : v. : CASE NO. 2004-09193-AD TRUMBULL CORR. INST. : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} 1) On September 24, 2004, plaintiff, Donte R. Jones, Sr., filed a complaint against defendant, Trumbull Correctional Institution, alleging defendant s employee lost his cassette tape. Plaintiff seeks damages in the amount of $22.00, the stated total replacement cost of the cassette tape; {¶ 2} 2) On December 2, 2004, defendant filed an investigation report admitting liability, but asserting the replacement cost of the cassette tape amounts to $19.00. THE COURT CONCLUDES THAT: {¶ 3} 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; {¶ 4} 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; {¶ 5} 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. {¶ 6} 4) The court finds defendant liable to plaintiff in the amount of $19.00. IN THE COURT OF CLAIMS OF OHIO DONTE R. JONES, SR. : Plaintiff : v. : CASE NO. 2004-09193-AD TRUMBULL CORR. INST. : ENTRY OF ADMINISTRATIVE DETERMINATION 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 $19.00. 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: Donte R. Jones, Sr., #406-363 5701 Burnett Road Plaintiff, Pro se Leavittsburg, Ohio 44430 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43223 RDK/laa 2/7 Filed 2/11/05 Sent to S.C. reporter 3/11/05 For Defendant
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