Larew v. S. Ohio Correctional Facility

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[Cite as Larew v. S. Ohio Correctional Facility, 2003-Ohio-5556.] IN THE COURT OF CLAIMS OF OHIO DAVID LAREW : Plaintiff : v. : CASE NO. 2003-06352-AD : MEMORANDUM DECISION SOUTHERN OHIO CORRECTIONAL FACILITY : Defendant ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On June 2, 2003, plaintiff, David LaRew, filed a complaint against defendant, Southern Ohio Correctional Facility, alleging defendant s personnel misplaced his gym shoes. Plaintiff seeks damages in the amount of $57.75 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee with his complaint; {¶3} 2) On August 29, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $57.75 for property loss; {¶4} 3) Plaintiff filed a response. {¶5} THE COURT CONCLUDES THAT: {¶6} 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; {¶7} 2) Plaintiff has suffered damages in the amount of $57.75, 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. {¶8} 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 $82.75, 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 LaRew, #365-145 P.O. Box 45699 Lucasville, Ohio 45699 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 9/17 Filed 10/2/03 Sent to S.C. reporter 10/21/03 Plaintiff, Pro se For Defendant

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