Good v. Ohio Dept. of Rehab. & Corr.

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[Cite as Good v. Ohio Dept. of Rehab. & Corr., 2005-Ohio-3213.] IN THE COURT OF CLAIMS OF OHIO HOWARD E. GOOD : Plaintiff : v. : CASE NO. 2005-01366-AD : MEMORANDUM DECISION OHIO DEPT. OF CORRECTIONS AND REHAB. Defendant : : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} 1) complaint On January 13, 2005, plaintiff, Howard E. Good, filed a against Correction, defendant, alleging Department defendant lost of his Rehabilitation personal and property. Plaintiff seeks damages in the amount of $595.00 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee with the complaint; {¶ 2} 2) On April 28, 2005, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $595.00 for property loss, plus $25.00 for filing fee reimbursement; {¶ 3} 3) On May 13, 2005, plaintiff filed a response to defendant s investigation report agreeing with defendant. 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; {¶ 5} 2) Plaintiff has suffered damages in the amount of $595.00, 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. IN THE COURT OF CLAIMS OF OHIO HOWARD E. GOOD : Plaintiff : v. : CASE NO. 2005-01366-AD : ENTRY OF ADMINISTRATIVE DETERMINATION OHIO DEPT. OF CORRECTIONS AND REHAB. : 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 $620.00, 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: Howard E. Good, #438-514 P.O. Box 56 Lebanon, Ohio 45036 Plaintiff, Pro se Gregory C. Trout, Chief Counsel For Defendant Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43223 RDK/laa 5/18 Filed 6/1/05 Sent to S.C. reporter 6/24/05

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