Williams v. London Corr. Inst.
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[Cite as Williams v. London Corr. Inst., 2004-Ohio-5416.] IN THE COURT OF CLAIMS OF OHIO EARL E. WILLIAMS : Plaintiff : v. : LONDON CORRECTIONAL CASE NO. 2004-05287-AD : MEMORANDUM DECISION INSTITUTION : Defendant ::::::::::::::::: THE COURT FINDS THAT: {¶ 1} On April 29, 2004, plaintiff, Earl E. Williams, filed a complaint against defendant, London Correctional Institution, alleging his television set was damaged by defendant s personnel. Plaintiff seeks damages in the amount of $208.00 for the loss of the television, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee; {¶ 2} On August 16, 2004, defendant filed an investigation report admitting liability, but asserting plaintiff s damages for property loss should be limited to $150.00, the purchase price of a new television set at the institution commissary. THE COURT CONCLUDES THAT: {¶ 3} 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; {¶ 4} Plaintiff has suffered damages in the amount of $150.00, 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 EARL E. WILLIAMS : Plaintiff : v. : LONDON CORRECTIONAL CASE NO. 2004-05287-AD : INSTITUTION ENTRY ADMINISTRATIVE DETERMINATION OF : Defendant ::::::::::::::::: 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 $175.00, 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: Earl E. Williams, #362-609 1990 Harmon Avenue Columbus, Ohio 43223 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 9/8 Plaintiff, Pro se For Defendant Filed 9/21/04 Sent to S.C. reporter 10/11/04
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