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

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[Cite as Fields v. Ohio Dept. of Rehab. & Corr., 2003-Ohio-3112.] IN THE COURT OF CLAIMS OF OHIO ROBERT FIELDS : Plaintiff : v. : CASE NO. 2003-01415-AD : MEMORANDUM DECISION DEPARTMENT OF REHABILITATION AND CORRECTION : Defendant ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On January 13, 2003, plaintiff, Robert Fields, filed a complaint against defendant, Department of Rehabilitation and Correction, alleging his television set and radio/cassette player were lost while under the control of defendant s personnel. Plaintiff seeks damages in the amount of $364.00. Plaintiff submitted the filing fee on April 2, 2003; {¶3} 2) On April 14, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $364.00. {¶4} THE COURT CONCLUDES THAT: {¶5} 1) I find, by a preponderance of the evidence, negligence by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 78-0342-AD; {¶6} 2) Plaintiff has suffered damages in the amount of $364.00, 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. {¶7} 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 $389.00 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: Robert Fields, #323-169 P.O. Box 1812 Marion, Ohio 43301-1812 Plaintiff, Pro se Gregory C. Trout, For Defendant Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/tad 5/16 Filed 6/4/03 Sent to S.C. Reporter 6/17/03

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