Hohn v. Ohio State Highway Patrol

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[Cite as Hohn v. Ohio State Highway Patrol, 2005-Ohio-2475.] IN THE COURT OF CLAIMS OF OHIO GARY HOHN : Plaintiff : v. : CASE NO. 2004-10248-AD : MEMORANDUM DECISION OHIO STATE HIGHWAY PATROL Defendant : ::::::::::::::::: THE COURT FINDS THAT: {¶ 1} 1) On November 12, 2004, plaintiff, Gary Hohn, filed a complaint against defendant, Ohio State Highway Patrol, alleging his automobile was damaged by a canine under the control of defendant s personnel. Plaintiff seeks damages in the amount of $574.01 for vehicle repair. Plaintiff submitted the filing fee; {¶ 2} 2) On February 25, 2005, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $574.01, plus the filing fee THE COURT CONCLUDES THAT: {¶ 3} 1) Negligence on the part of defendant has been established. Spradlin v. Ohio State Highway Patrol, 2002-08971-AD, 2003-Ohio-118; {¶ 4} 2) Plaintiff has suffered damages in the amount of $574.01, 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. IN THE COURT OF CLAIMS OF OHIO GARY HOHN : Plaintiff : v. : CASE NO. 2004-10248-AD : ENTRY OF ADMINISTRATIVE DETERMINATION OHIO STATE HIGHWAY PATROL 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 $599.01, 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: Gary Hohn 308 Majestic Drive Toledo, Ohio 43608 Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 3/15 Filed 4/20/05 Sent to S.C. reporter 5/20/05 Plaintiff, Pro se For Defendant

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