Weisheit v. Ohio Dept. of Rehab. & Corr.

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[Cite as Weisheit v. Ohio Dept. of Rehab. & Corr., 2004-Ohio4132.] IN THE COURT OF CLAIMS OF OHIO JEFF WEISHEIT : Plaintiff : v. : : OHIO DEPT. REHAB. AND CORR. Defendant CASE NO. 2004-01541-AD MEMORANDUM DECISION : ::::::::::::::::: THE COURT FINDS THAT: {¶1} 1) On January 21, 2004, plaintiff, Jeff Weisheit, filed a complaint against Correction, property. defendant, alleging Department defendant lost and of Rehabilitation damaged his and personal Plaintiff seeks damages in the amount of $75.00 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee with the complaint; {¶2} 2) On May 26, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $75.00 for property loss, plus $25.00 for filing fee reimbursement. {¶3} 3) On June 30, 2004, plaintiff filed a response to defendant s investigation report agreeing with defendant. {¶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 $75.00, 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. {¶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 $90.00, 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: Jeff Weisheit, #233-190 P.O. Box 120 Lebanon, Ohio 45036 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 6/24 Filed 7/8/04 Sent to S.C. reporter 8/5/04 Plaintiff, Pro se For Defendant

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