Green v. Pymatuning State Park

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[Cite as Green v. Pymatuning State Park, 2005-Ohio-5747.] IN THE COURT OF CLAIMS OF OHIO EVE GREEN, et al. : Plaintiffs : v. : CASE NO. 2005-08395-AD : MEMORANDUM DECISION PYMATUNING STATE PARK Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} On July 14, 2005, plaintiffs, Eve and Ed Green, filed a complaint against defendant, Pymatuning State Park, asserting their camper trailer was damaged by a fallen tree limb while parked on defendant s grounds. {¶ 2} Plaintiffs seek damages in the amount of $658.74 for property damage repair, plus $25.00 for filing fee reimbursement. {¶ 3} On September 6, 2005, defendant filed an investigation report admitting liability for plaintiffs property damage. CONCLUSIONS OF LAW {¶ 4} Sufficient proof of liability 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} Plaintiffs have suffered damages in the amount of $658.74, 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 Green v. Pymatuning State Park, 2005-Ohio-5747.] IN THE COURT OF CLAIMS OF OHIO EVE GREEN, et al. : Plaintiffs : v. : CASE NO. 2005-08395-AD : ENTRY OF ADMINISTRATIVE DETERMINATION PYMATUNING STATE PARK 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 plaintiffs in the amount of $683.74, 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: Eve Green Ed Green 375 Sylvania Drive New Galilee, PA 16141 Plaintiffs, Pro se Charles G. Rowan For Defendant Deputy Chief Counsel Ohio Department of Natural Resources 2045 Morse Road, Building D-3 Columbus, Ohio 43229-6693 RDK/laa 9/22 Filed 10/7/05 Sent to S.C. reporter 10/27/05

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