Ramirez v. Ohio State Highway Patrol
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[Cite as Ramirez v. Ohio State Highway Patrol, 2005-Ohio-2031.] IN THE COURT OF CLAIMS OF OHIO JOE RAMIREZ, et al. : Plaintiffs : v. : : OHIO STATE HIGHWAY PATROL Defendant CASE NO. 2004-09444-AD MEMORANDUM DECISION : ::::::::::::::::: FINDINGS OF FACT {¶1} On August 18, 2004, a vehicle owned by plaintiff, Vicki Rogers, and driven by a person identified as Joe Ramirez, was subjected to a traffic stop by Trooper Christopher Crisafi, an employee of defendant, Ohio State Highway Patrol ( OSHP ). Plaintiff related, her vehicle, a Ford Explorer, was searched by defendant s employee after the traffic stop was made. Plaintiff alleged her air mattress which was stored in the Ford Explorer was damaged beyond repair incident to the vehicle search. Specifically, plaintiff asserted an OSHP employee conducting the vehicle search cut the air mattress with a knife. Plaintiff was not present during the traffic stop and subsequent search of her truck. {¶2} Plaintiff filed this complaint seeking to recover $130.00, the estimated replacement value of her air mattress. Although plaintiff did not witness any event on August 18, 2004, involving the search of her truck, she has contended her property was damaged by the deliberate act of defendant s employee in conducting a search of a vehicle and its contents. The filing fee was paid. Case No. 2004-09444-AD -2- {¶3} Defendant a submitted MEMORANDUM DECISION statement from OSHP employee, Trooper Christopher Crisafi, regarding his part in the August 18, 2004, incident. Crisafi stated, while working on August 18, 2004, he stopped a 1997 Ford Explorer traveling on Interstate 71 in Warren County for a minor traffic violation. After making the stop, Crisafi recalled he requested a driver s license and other vehicle documentation from the driver of the Ford Explorer, Joe Ramirez. Ramirez According handed to over Crisafi, appeared the identification fraudulent and documents Ramirez consequently arrested for uttering a forged document. was The 1997 Ford Explorer owned by plaintiff was towed to a local impound lot. Crisafi related he contacted plaintiff, presumedly by telephone, at her Arkansas residence, and informed her that her vehicle had been impounded. Crisafi noted he visually inspected plaintiff s vehicle and conducted an inventory of its contents before the vehicle was towed. Crisafi recollected seeing an air mattress stored in the rear cargo area of the Ford Explorer. slicing the air mattress and insisted he did Crisafi denied not touch the mattress, which he claimed was intact when the vehicle was towed. CONCLUSIONS OF LAW {¶4} Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff s property in the performance of official acts. Vastine, et al. v. State Highway Patrol, 2002- 10305-AD, 2003-Ohio-1681. {¶5} Plaintiff has the burden of proving, by a preponderance of the evidence, that she suffered a loss and that this loss was proximately caused by defendant s negligence. University (1977), 76-0368-AD. Barnum v. Ohio State Plaintiff has failed to produce sufficient evidence to establish any act of defendant s employee Case No. 2004-09444-AD -3- caused the property damage to her property. MEMORANDUM DECISION See Fuciarelli v. Ohio State Patrol Marion Post, 2002-03911-AD, 2002-Ohio-4627. [Cite as Ramirez v. Ohio State Highway Patrol, 2005-Ohio-2031.] IN THE COURT OF CLAIMS OF OHIO JOE RAMIREZ, et al. : Plaintiffs : v. : : OHIO STATE HIGHWAY PATROL Defendant CASE NO. 2004-09444-AD ENTRY OF ADMINISTRATIVE DETERMINATION : ::::::::::::::::: 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 defendant. are assessed against plaintiff. Court costs 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: Joe Ramirez Vicky Ramirez 705 Eastwood Drive Searcy, Arkansas 72143 Plaintiffs, Pro se Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 For Defendant RDK/laa 3/23 Filed 4/5/05 Sent to S.C. reporter 4/29/05
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