Shaw v. Delaware State Park

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[Cite as Shaw v. Delaware State Park, 2004-Ohio-5619.] IN THE COURT OF CLAIMS OF OHIO TRAVIS C. SHAW : Plaintiff : v. : CASE NO. 2004-07395-AD : MEMORANDUM DECISION DELAWARE STATE PARK Defendant : ::::::::::::::::: THE COURT FINDS THAT: {¶ 1} On July 15, 2004, plaintiff, Travis C. Shaw, filed a complaint against defendant, Delaware State Park, alleging his boat was damaged as a proximate cause of negligence on the part of defendant. Plaintiff seeks damages in the amount of $304.76 for repair costs. Plaintiff submitted the filing fee with his complaint; {¶ 2} On September 16, 2004, defendant filed an investigation report acknowledging plaintiff stated a claim under Chapter 2743 of the Ohio Revised Code. {¶ 3} On September 22, 2004, plaintiff filed a response. {¶ 4} THE COURT CONCLUDES THAT: 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; 2)Plaintiff has suffered damages in the amount of $304.76, 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 TRAVIS C. SHAW : Plaintiff : v. : CASE NO. 2004-07395-AD : ENTRY OF ADMINISTRATIVE DETERMINATION DELAWARE STATE PARK 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 $329.76, 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: Travis C. Shaw 174 Stamford Drive Powell, Ohio 43065 Charles G. Rowan For Defendant Deputy Chief Counsel Ohio Department of Natural Resources 2045 Morse Road D-3 Columbus, Ohio 43229-6605 RDK/laa 9/28 Filed 10/8/04 Sent to S.C. reporter 10/21/04 Plaintiff, Pro se

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