Ross v. Ohio Reformatory for Women

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[Cite as Ross v. Ohio Reformatory for Women, 2004-Ohio-3757.] IN THE COURT OF CLAIMS OF OHIO ANGELA D. ROSS : Plaintiff : v. : : OHIO REFORMATORY FOR WOMEN Defendant CASE NO. 2004-03969-AD MEMORANDUM DECISION : ::::::::::::::::: FINDINGS OF FACT {¶1} 1) Plaintiff, Angela D. Ross, an inmate incarcerated at defendant, Ohio Reformatory for Women, alleges on January 6, and January 15, 2004, medical books were received for her by defendant but lost before they were delivered to her. {¶2} 2) Consequently, plaintiff filed this complaint seeking to recover $105.17, the total replacement cost of the books lost while in defendant s possession. Plaintiff also seeks reimbursement of the filing fee which she submitted with the complaint. {¶3} 3) On April 15, 2004, Jeannette D. Stewart, Acting Inspector for defendant, submitted a letter admitting liability for the loss of plaintiff s property. CONCLUSIONS OF LAW {¶4} 1) 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; {¶5} 2) Plaintiff has suffered damages in the amount of $105.17, 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. {¶6} 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 $130.17, 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: Angela D. Ross, #53356 1479 Collins Avenue Marysville, Ohio 43040 Plaintiff, Pro se Jeannette D. Stewart Acting Inspector Ohio Reformatory for Women 1479 Collins Avenue Marysville, Ohio 43040 For Defendant DRB/laa 6/16 Filed 6/23/04 Sent to S.C. reporter 7/15/04

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