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

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[Cite as Ross v. Ohio Dept. of Rehab. & Corr., 2005-Ohio-3969.] IN THE COURT OF CLAIMS OF OHIO MARCUS B. ROSS : Plaintiff : v. : CASE NO. 2005-03130-AD : MEMORANDUM DECISION DEPARTMENT OF REHABILITATION AND CORRECTIONS : Defendant : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} 1) On February 24, 2005, plaintiff, Marcus B. Ross, filed a complaint against defendant, Department of Rehabilitation and Correction, alleging his truck was damaged while defendant s Montgomery Education and Pre-Release Center. parked at Plaintiff seeks damages in the amount of $1,746.52, for vehicle repair costs, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee with his complaint; {¶ 2} 2) On May 25, 2005, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $1,746.52 for repair costs, plus $25.00 for filing fee reimbursement. 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) Plaintiff has suffered damages in the amount of $1,746.52, 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 MARCUS B. ROSS : Plaintiff : v. : CASE NO. 2005-03130-AD : ENTRY OF ADMINISTRATIVE DETERMINATION DEPARTMENT OF REHABILITATION AND CORRECTIONS : 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 $1,771.52, 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: Marcus B. Ross 1901 S. Gettysburg Avenue Dayton, Ohio 45418 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North For Defendant Columbus, Ohio RDK/laa 6/26 Filed 7/13/05 Sent to S.C. reporter 43223 8/3/05

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