Uhl v. Trumbull Correctional Inst.

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[Cite as Uhl v. Trumbull Correctional Inst., 2004-Ohio-2623.] IN THE COURT OF CLAIMS OF OHIO DAVID EUGENE UHL : Plaintiff : v. : CASE NO. 2003-11453-AD : MEMORANDUM DECISION TRUMBULL CORRECTIONAL INSTITUTION : Defendant ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On November 17, 2003, plaintiff, David E. Uhl, filed a complaint against defendant, Trumbull Correctional Institution, alleging his personal property was lost while under the control of defendant s personnel. Plaintiff seeks damages in the amount of $86.70 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee with his complaint; {¶3} 2) On January 27, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $111.70. {¶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 has suffered damages in the amount of $86.70, 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 $111.70, 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 Eugene Uhl, #398676 5701 Burnett Road Leavittsburg, Ohio 44430 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 4/28 Filed 5/5/04 Sent to S.C. reporter 5/24/04 Plaintiff, Pro se For Defendant

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