McKenna v. Bur. of Motor Vehicles
Annotate this Case
Download PDF
[Cite as McKenna v. Bur. of Motor Vehicles, 2004-Ohio-7090.] IN THE COURT OF CLAIMS OF OHIO EVAN A. MCKENNA : Plaintiff : v. : : BUREAU OF MOTOR VEHICLES Defendant CASE NO. 2004-08600-AD MEMORANDUM DECISION : ::::::::::::::::: FINDINGS OF FACT 1) {¶1} On September 1, 2004, plaintiff, Evan A. McKenna, filed a complaint against defendant, Bureau of Motor Vehicles, alleging his driver s license was improperly listed as suspended by defendant. Plaintiff s automobile was towed and impounded as a result of defendant s error concerning plaintiff s driving status. Plaintiff seeks damages in the amount of $204.00 for work loss from a mandated court appearance and rectifying the suspension issue with defendant. Plaintiff also seeks reimbursement of the $25.00 filing fee. {¶2} 2) investigation driving On September report status. 21, admitting However, 2004, error in defendant defendant recording denies filed an plaintiff s liability for plaintiff s work loss contending his court appearance was required due to a speeding violation. {¶3} 3) On October 4, 2004, plaintiff filed a response. Plaintiff asserts his work loss should be reimbursed since contrary to defendant s argument, he would not have had to appear in court for a speeding offense. But since he was also charged with driving while under suspension a court appearance was mandatory. CONCLUSIONS OF LAW {¶4} 1) Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, his driver s license was erroneously listed as suspended by defendant. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Serbanescu v. Bureau of Motor Vehicles (1994), 93-15038-AD; Black v. Bureau of Motor Vehicles (1996), 95-01441-AD. {¶5} 2) Plaintiff has proven, by a preponderance of the evidence, that his driver s license was improperly listed as suspended by defendant. McGee v. Ohio Bureau of Motor Vehicles (1997), 97-03999-AD. for damages plaintiff can prove resulted from defendant s negligence. Partlow {¶6} 3) Defendant is liable to plaintiff v. Bureau of Motor Vehicles (1997), 97-07820-AD. Plaintiff has proven that he incurred all work loss claimed as a result of defendant s error. {¶7} 4) Plaintiff has suffered damages in the amount of $204.00, 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 EVAN A. MCKENNA : Plaintiff : v. : BUREAU OF MOTOR VEHICLES Defendant CASE NO. 2004-08600-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 $229.00, 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: Evan A. McKenna 215 Central Avenue Newark, Ohio 43055 John R. Guldin Associate Legal Counsel Ohio Department of Public Safety, Legal Services 1970 West Broad Street P.O. Box 182081 Columbus, Ohio 43218-2081 DRB/RDK/laa 10/14 Filed 11/5/04 Plaintiff, Pro se For Defendant Sent to S.C. reporter 12/27/04
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
