Wright v. Lebanon Correctional Inst.

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[Cite as Wright v. Lebanon Correctional Inst., 2004-Ohio-212.] IN THE COURT OF CLAIMS OF OHIO RAMON WRIGHT : Plaintiff : v. : CASE NO. 2003-11518-AD : MEMORANDUM DECISION LEBANON CORRECTIONAL INSTITUTION : Defendant ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On November 19, 2003, plaintiff, Ramon Wright, filed a complaint against defendant, Lebanon Correctional Institution, alleging defendant s negligence caused the loss of his basketball shoes. Plaintiff seeks damages in the amount of $60.83, plus the $25.00 filing fee; {¶3} 2) On November 19, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $60.83; {¶4} 3) On November 19, 2003, plaintiff submitted the filing fee. {¶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 $60.83, 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 $85.83, which includes the filing fee. Court costs are waived. 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: Ramon Wright, #331-665 P.O. Box 56 Lebanon, Ohio 45036 Plaintiff, Pro se Anthony J. Brigano, Warden P.O. Box 56 Lebanon, Ohio 45036 For Defendant DRB/laa 1/13 Filed 1/16/04 Sent to S.C. reporter 1/20/04

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