Ackerman v. Ohio Army Natl. Guard
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[Cite as Ackerman v. Ohio Army Natl. Guard, 2005-Ohio-4864.] IN THE COURT OF CLAIMS OF OHIO EVA N. ACKERMAN : Plaintiff : v. : CASE NO. 2005-08263-AD : MEMORANDUM DECISION OHIO ARMY NATIONAL GUARD Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On July 11, 2005, plaintiff, Eva N. Ackerman, filed a complaint against defendant, Ohio Army National Guard, alleging her automobile was damaged as a result of negligence on the part of defendant s employee in conducting lawn maintenance activity. {¶ 2} 2) Plaintiff seeks damages in the amount of $319.50, the cost of a replacement car window. The $25.00 filing fee was paid. {¶ 3} 3) On July 22, 2005, defendant filed an investigation reporting noting its employee probably damaged plaintiff s property while conducting lawn maintenance. report stating: Plaintiff responded to this I agree with the investigation report. CONCLUSIONS OF LAW {¶ 4} 1) Defendant was charged with a duty to exercise reasonable care for the protection of plaintiff s property while performing lawn maintenance. In regard to the facts of this claim negligence on the part of 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 $319.50, 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 EVA N. ACKERMAN : Plaintiff : v. : CASE NO. 2005-08263-AD : ENTRY OF ADMINISTRATIVE DETERMINATION OHIO ARMY NATIONAL GUARD 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 $344.50, 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: Eva N. Ackerman 7416 St. Rt. 45 N. Bloomfield, Ohio Plaintiff, Pro se 44450 LTC Duncan Aukland Joint Staff Judge Advocate Attn: AGOH-SJA For Defendant 2825 West Dublin Granville Road Columbus, Ohio 43235-2789 RDK/laa 8/11 Filed 8/30/05 Sent to S.C. reporter 9/14/05
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