Hatfield v. Ohio State Hwy. Patrol

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[Cite as Hatfield v. Ohio State Hwy. Patrol, 2004-Ohio-5421.] IN THE COURT OF CLAIMS OF OHIO RICHARD M. HATFIELD : Plaintiff : v. : CASE NO. 2004-06941-AD : MEMORANDUM DECISION OHIO STATE HIGHWAY PATROL Defendant : ::::::::::::::::: THE COURT FINDS THAT: {¶ 1} On June 28, 2004, plaintiff, Richard M. Hatfield, filed a complaint against defendant, Ohio State Highway Patrol (OSHP), alleging his real property was damaged by an employee of OSHP. Plaintiff submitted the filing fee with his complaint; {¶ 2} On August 6, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $225.00. 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 $200.00, 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 RICHARD M. HATFIELD : Plaintiff : v. : CASE NO. 2004-06941-AD : ENTRY OF ADMINISTRATIVE DETERMINATION OHIO STATE HIGHWAY PATROL 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 $225.00, 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: Richard M. Hatfield 3104 O Possum Run Road Mansfield, Ohio 44903 Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 8/25 Filed 9/21/04 Sent to S.C. reporter 10/11/04 Plaintiff, Pro se For Defendant

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