Kinney v. Ohio Dept. of Transp.

Annotate this Case

Download PDF

[Cite as Kinney v. Ohio Dept. of Transp., 2003-Ohio-2390.] IN THE COURT OF CLAIMS OF OHIO EDWARD J. KINNEY : Plaintiff : CASE NO. 2001-12061 v. : JUDGMENT ENTRY : Judge Fred J. Shoemaker OHIO DEPARTMENT OF TRANSPORTATION, et al. : Defendants : : : : : : : : : : : : : : : : : {¶1} This case was tried to a magistrate of the court on the issue of liability. On March 11, 2003, the magistrate issued a decision recommending judgment for plaintiff. {¶2} Civ.R. 53 states: Within 14 days of the filing of a magistrate s decision, a party may file written objections to the magistrate s decision. {¶3} No objections were filed in this matter. Upon review of the record and the magistrate s decision, the court determines that there is no error of law or other defect on the face of the magistrate s decision. Therefore, the court adopts the magistrate s decision and recommendation as its own. {¶4} Accordingly, judgment is rendered in favor of plaintiff in an amount to be determined after the damages phase of the trial. As stated in the magistrate s decision, any compensatory damages recoverable by plaintiff shall be reduced by 50 percent, to account for plaintiff s contributory negligence. The court, in the near future, shall schedule a date for trial on the issue of damages. ________________________________ Case No. 2001-12061 -2- JUDGMENT ENTRY FRED J. SHOEMAKER Judge Entry cc: Michael Georgiadis 135 Pine Avenue SE, Suite 211 Warren, Ohio 44481 Eric A. Walker Assistant Attorney General 65 East State St., 16th Fl. Columbus, Ohio 43215 LP/cmd Filed 4-30-2003 To S.C. reporter 5-12-2003 Attorney for Plaintiff Attorney for Defendants

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.