Barker v. State Highway Patrol

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[Cite as Barker v. State Highway Patrol, 2003-Ohio-6032.] IN THE COURT OF CLAIMS OF OHIO DARRELL R. BARKER : Plaintiff : v. : CASE NO. 2003-09190-AD : MEMORANDUM DECISION STATE HIGHWAY PATROL Defendant : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On August 26, 2003, plaintiff, Darrell R. Barker, filed a complaint against defendant, Ohio State Highway Patrol, alleging defendant s personnel damaged his automobile tire. Plaintiff seeks damages in the amount of $61.37 for property damage. Plaintiff submitted the filing fee on September 10, 2003; {¶3} 2) On September 26, 2003l, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $61.37 for property damage, plus $25.00 for filing fees. {¶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), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD; {¶6} 2) Plaintiff suffered damages in the amount of $61.37, 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 $86.37, 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: Darrell R. Barker Plaintiff, Pro se 1080 Oakland Park Columbus, Ohio 43224 Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 10/7 Filed 10/17/03 Sent to S.C. reporter 11/10/03 For Defendant

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