Hightower v. Marion Correctional Inst.
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[Cite as Hightower v. Marion Correctional Inst., 2004-Ohio-3493.] IN THE COURT OF CLAIMS OF OHIO WILLIE HIGHTOWER : Plaintiff : v. : : MARION CORRECTIONAL INST. Defendant CASE NO. 2004-01303-AD MEMORANDUM DECISION : ::::::::::::::::: FINDINGS OF FACT {¶1} 1) Plaintiff, Willie Hightower, an inmate incarcerated at defendant, Marion Correctional Institution (MCI), stated he painted a portrait for sale and took the portrait to the institution Recreation Office for display. Plaintiff related he delivered the portrait to an MCI employee, identified as Cory Blankenship. Plaintiff explained he wanted to sell the portrait for $125.00. {¶2} 2) According to plaintiff, an inmate identified as Tommy E. Clyburn stole the portrait. Plaintiff asserted when inmate Clyburn was subsequently released on August 11, 2003, he was permitted to take the stolen portrait with him. {¶3} 3) Plaintiff filed this complaint seeking to recover $900.00. Plaintiff submitted the requisite filing fee. {¶4} 4) Defendant admitted MCI personnel accidently mailed plaintiff s painting to another inmate s home address. admitted liability for the loss of plaintiff s Defendant property and acknowledged damages in the amount of $125.00, the sale price of the portrait set by plaintiff. Defendant denied plaintiff suffered any damages above the set sale price of the portrait. {¶5} 5) Plaintiff filed a response insisting his painting was worth at least $900.00. Plaintiff submitted photographic evidence depicting other paintings he created. These photographs clearly show the high quality of plaintiff s artistic talent. CONCLUSIONS OF LAW {¶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) The standard measure of damages for personal property loss is market value. McDonald v. Ohio State Univ. Veterinary Hosp. (1994), 67 Ohio Misc. 2d 40. {¶8} 3) In a situation where a damage assessment for personal property destruction based on market value is essentially indeterminable, a damage determination may be based on the standard value of the property to the owner. This determination considers such factors as value to the owner, original cost, replacement cost, salvage value, and fair market value at the time of the loss. Cooper v. Feeney (1986), 34 Ohio App. 3d 282. {¶9} 4) As trier of fact, this court has the power to award reasonable damages based on evidence presented. Sims v. Southern Ohio Correctional Facility (1988), 87-04909-AD. {¶10} 5) Evidence indicates to the trier of fact that plaintiff has suffered damages for the destruction of his skillfully crafted property. See Berg v. Belmont Correctional Institution (1998), 97-09261-AD. {¶11} 6) Plaintiff has suffered damages in the amount of $300.00, 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. {¶12} 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 $325.00, which includes the filing fee. costs are assessed against defendant. Court 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: Willie Hightower, #140-637 P.O. Box 57 Marion, Ohio 43301 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 5/21 Filed 6/2/04 Sent to S.C. reporter 6/29/04 Plaintiff, Pro se For Defendant
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