Shafer v. Pickaway Corr. Inst.

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[Cite as Shafer v. Pickaway Corr. Inst., 2004-Ohio-3585.] IN THE COURT OF CLAIMS OF OHIO TOM LEE SHAFER : Plaintiff : v. : : PICKAWAY CORRECTIONAL INST. Defendant CASE NO. 2004-01851-AD MEMORANDUM DECISION : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} On January 30, 2004, plaintiff, Tom Lee Shafer, filed a complaint against defendant, Pickaway Correctional Institution, alleging his personal property was lost while under defendant s control. Plaintiff seeks damages in the amount of $8.35 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee on February 19, 2004; {¶3} On May 17, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $33.95; {¶4} Plaintiff filed a response. Plaintiff agreed with defendant s damage assessment. {¶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 $8.95 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. DANIEL R. BORCHERT Deputy Clerk Entry cc: Tom Lee Shafer 880 Todds Ridge Drive Wilmington, Ohio 45177 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 6/8 Filed 6/17/04 Sent to S.C. reporter 7/7/04 Plaintiff, Pro se For Defendant

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