Bobo v. Ohio Hwy. Patrol

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[Cite as Bobo v. Ohio Hwy. Patrol, 2005-Ohio-4228.] IN THE COURT OF CLAIMS OF OHIO DAVID BOBO : Plaintiff : v. : CASE NO. 2005-07313-AD OHIO HIGHWAY PATROL : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} 1) On June 6, 2005, plaintiff, David Bobo, filed a complaint against defendant, Ohio State Highway Patrol, alleging his truck was damaged by a canine under the control of defendant s personnel. Plaintiff seeks damages in the amount of $521.81 for vehicle repair. Plaintiff submitted the filing fee; {¶ 2} 2) On July 1, 2005, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $521.81, plus the filing fee; {¶ 3} 3) On July 19, 2005, plaintiff filed a response to defendant s investigation report expressing his agreement with the defendant s position. THE COURT CONCLUDES THAT: {¶ 4} 1) Negligence established. on the part of defendant has been Spradlin v. Ohio State Highway Patrol, 2002-08971-AD, 2003-Ohio-118; {¶ 5} 2) Plaintiff suffered damages in the amount of $521.81, 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. [Cite as Bobo v. Ohio Hwy. Patrol, 2005-Ohio-4228.] IN THE COURT OF CLAIMS OF OHIO DAVID BOBO : Plaintiff : v. : CASE NO. 2005-07313-AD OHIO HIGHWAY PATROL : ENTRY OF ADMINISTRATIVE DETERMINATION 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 $546.81, 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: David Bobo 15934 Main Street Millfield, Ohio 45761 Plaintiff, Pro se Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 For Defendant RDK/laa 7/18 Filed 7/28/05 Sent to S.C. reporter 8/11/05

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