Evans v. Toledo Correctional Inst.

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[Cite as Evans v. Toledo Correctional Inst., 2005-Ohio-1247.] IN THE COURT OF CLAIMS OF OHIO RA MONDE T. EVANS : Plaintiff : v. : CASE NO. 2004-10761-AD : MEMORANDUM DECISION TOLEDO CORRECTIONAL INSTITUTION : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} On December 10, 2004, plaintiff filed a complaint against defendant, Toledo Correctional Institution. Plaintiff alleges that his radio set was destroyed by defendant s agent. Plaintiff seeks damages in the amount of $44.75 for the radio plus $25.00 for filing fee reimbursement. The filing fee was paid. {¶ 2} On February 4, 2005, defendant filed an investigation report admitting liability and damages. {¶ 3} On February 23, 2005, plaintiff filed a response expressing his agreement with the February 4, 2005, investigation report. CONCLUSIONS OF LAW {¶ 4} 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. {¶ 5} Plaintiff has suffered damages in the amount of $44.75, 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 RA MONDE T. EVANS : Plaintiff : v. : CASE NO. 2004-10761-AD : ENTRY OF ADMINISTRATIVE DETERMINATION TOLEDO CORRECTIONAL INSTITUTION : 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 $69.75, 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: Ra Monde T. Evans, #325-091 2001 East Central Avenue Toledo, Ohio 43608 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 For Defendant RDK/laa 3/2 Filed 3/10/05 Sent to S.C. reporter 3/18/05

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