Pasco v. Ohio State Penitentiary
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[Cite as Pasco v. Ohio State Penitentiary, 2004-Ohio-4821.] IN THE COURT OF CLAIMS OF OHIO THOMAS PASCO : Plaintiff : v. : : OHIO STATE PENITENTIARY Defendant CASE NO. 2004-02512-AD MEMORANDUM DECISION : ::::::::::::::::: FINDINGS OF FACT {¶1} 1) On or about October 29, 2003, plaintiff, Thomas Pasco, an inmate, was transferred from defendant, Ohio State Penitentiary (OSP), to the Belmont Correctional Institution (BeCI). {¶2} 2) Plaintiff has claimed that several items of his personal property were not transferred to BeCI and were presumed lost while under the control of OSP personnel. the following items are missing: Plaintiff related a radio/cassette player, a set of headphones, a television set, a fan, two cassette tapes, games and game pieces, various articles of clothing, and assorted photographs contained in two albums. {¶3} 3) Plaintiff filed this complaint seeking to recover $500.00 for his photographs, $428.49 for the remaining property, $250.00 for assistance in preparing his claim, and $25.00 for filing fee reimbursement. to $1,203.49. Plaintiff s total damage claim amounts The requisite material filing fee was paid. The claim for assistance in preparing this action is not a recognizable element of damages and is therefore denied. The issue shall not be further addressed. 4) {¶4} Defendant admitted lability for the loss of all property items claimed. damage request. However, defendant disputed plaintiff s Defendant related it has no objection to an award of damages in this case in an amount reflective, of the loss sustained. CONCLUSIONS OF LAW 1) {¶5} Negligence on the part of defendant has been shown in respect to all property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. 2) {¶6} The assessment of damages is a matter within the province of the trier of fact. Litchfield v. Morris (1985), 25 Ohio App. 3d 42. 3) {¶7} Where the existence of damage is established, the evidence need only tend to show the basis for the computation of damages to a fair degree of probability. (1992), 82 Ohio App. 3d 148. Brewer v. Brothers Only reasonable certainty as to the amount of damages is required, which is that degree of certainty of which the nature of the case admits. Bemmes v. Pub. Emp. Retirement Sys. Of Ohio (1995), 102 Ohio App. 3d 782. {¶8} 4) The court finds defendant liable to plaintiff in the amount of $475.00, 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. IN THE COURT OF CLAIMS OF OHIO THOMAS PASCO Plaintiff : : v. : : OHIO STATE PENITENTIARY Defendant CASE NO. 2004-02512-AD ENTRY OF ADMINISTRATIVE DETERMINATION : ::::::::::::::::: 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 $500.00, 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: Thomas Pasco, #420-624 P.O. Box 540 St. Clairsville, Ohio 43950 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 8/2 Filed 8/19/04 Sent to S.C. reporter 8/19/04 Plaintiff, Pro se For Defendant
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