Thompson v. Ohio Veterans Home

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[Cite as Thompson v. Ohio Veterans Home, 2004-Ohio-7291.] IN THE COURT OF CLAIMS OF OHIO ARCHIE L. THOMPSON : Plaintiff : v. : CASE NO. 2004-08651-AD OHIO VETERANS HOME : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} On September 3, 2004, plaintiff, Archie L. Thompson, filed a complaint against defendant, Ohio Veterans Home (OVHA), alleging he suffered personal injury as a result of negligence on the part of OVHA staff. Plaintiff seeks damages in the amount of $615.92, for medical treatment expenses. The filing fee was submitted with the complaint; {¶ 2} On November 5, 2004, defendant filed an investigation report admitting responsibility for plaintiff s medical bills and acknowledging plaintiff suffered damages in the amount of $615.92, plus filing fee reimbursement. THE COURT CONCLUDES THAT: {¶ 3} I find, by a preponderance of the evidence, liability 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 $615.92, 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 ARCHIE L. THOMPSON : Plaintiff : v. : CASE NO. 2004-08651-AD OHIO VETERANS HOME : ENTRY OF ADMINISTRATIVE DETERMINATION 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 $637.92, 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: Archie L. Thompson Ohio Veterans Home 3416 Columbus Avenue Sandusky, Ohio 44870 Plaintiff, Pro se Gregory J. Kowalski Chief Legal Counsel Ohio Veteran s Home Agency 3416 Columbus Avenue Sandusky, Ohio 44870 For Defendant RDK/laa 11/17 Filed 12/1/04 Sent to S.C. reporter 1/10/05

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