Aguilar v. Ohio State Hwy. Patrol

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[Cite as Aguilar v. Ohio State Hwy. Patrol, 2004-Ohio-7089.] IN THE COURT OF CLAIMS OF OHIO SANTIAGO AGUILAR : Plaintiff : v. : : OHIO STATE HIGHWAY PATROL Defendant CASE NO. 2004-08081-AD MEMORANDUM DECISION : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On August 10, 2004, plaintiff, Santiago Aguilar, filed a complaint against defendant, Ohio State Highway Patrol, alleging his vehicle was damaged by defendant s personnel. Plaintiff seeks damages in the amount of $714.75 for vehicle repair. Plaintiff submitted the filing fee with his complaint; {¶3} 2) investigation On October report 7, admitting 2004, defendant liability and filed an acknowledging plaintiff suffered damages in the amount of $714.75, plus $25.00 for filing fee reimbursement. {¶4} THE COURT CONCLUDES THAT: {¶5} 1) I find, by a preponderance negligence by defendant has been shown. of the evidence, Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD; {¶6} 2) Plaintiff has suffered damages in the amount of $714.75, 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 SANTIAGO AGUILAR : Plaintiff : v. : : OHIO STATE HIGHWAY PATROL Defendant CASE NO. 2004-08081-AD ENTRY OF ADMINISTRATIVE DETERMINATION : ::::::::::::::::: 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 $739.75, 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: Santiago Aguilar Plaintiff, Pro se 1330 W. 10th Avenue Apt. J-6 Kennewick, Washington 99336 Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 For Defendant RDK/laa 10/19 Filed 11/5/04 Sent to S.C. reporter 12/27/04

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