Nichols v. Grafton Correctional Inst.

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[Cite as Nichols v. Grafton Correctional Inst., 2004-Ohio-2888.] IN THE COURT OF CLAIMS OF OHIO RODNEY NICHOLS : Plaintiff : v. : : GRAFTON CORRECTIONAL INSTITUTION CASE NO. 2004-02695-AD MEMORANDUM DECISION : Defendant ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On February 23, 2004, plaintiff, Rodney Nichols, filed a complaint against defendant, Grafton Correctional Institution, alleging his headphones were lost while under the control of defendant s personnel. Plaintiff seeks damages in the amount of $44.95 for property loss. Plaintiff submitted the filing fee with his complaint; {¶3} 2) On April 7, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $44.95; {¶4} 3) Plaintiff filed a response. {¶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 $44.95, 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. {¶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 $69.95, 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: Rodney Nichols, #359-840 Plaintiff, Pro se 2500 South Avon Belden Road Grafton, Oho 44044 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 DRB/RDK/laa 4/28 Filed 5/7/04 Sent to S.C. reporter 6/3/04 For Defendant

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