Flick v. Hueston Woods State Park

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[Cite as Flick v. Hueston Woods State Park, 2003-Ohio-7134.] IN THE COURT OF CLAIMS OF OHIO GERALD A. FLICK : Plaintiff : v. : HUESTON WOODS STATE PARK Defendant CASE NO. 2003-09467-AD : MEMORANDUM DECISION : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On September 5, 2003, plaintiff, Gerald A. Flick, filed a complaint against defendant, Hueston Woods State Park, alleging his truck was damaged on defendant s premises. Plaintiff seeks damages in the amount of $2,227.44 for truck repair costs. Plaintiff submitted the filing fee with his complaint; {¶3} 2) On November 7, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages. {¶4} 3) On November 19, 2003, plaintiff filed a response to the investigation {¶5} THE COURT CONCLUDES THAT: {¶6} 1) report. 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 $2,227.44, 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 $2,252.44, 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: Gerald A. Flick 944 Richwood Avenue Hamilton, Ohio 45013 Plaintiff, Pro se Charles G. Rowan Deputy Chief Counsel Ohio Department of Natural Resources 1930 Belcher Drive Building D-3 Columbus, Ohio 43224-1387 For Defendant DRB/RDK/laa 12/2 Filed 12/9/03 Sent to S.C. reporter 12/29/03

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