Maust v. Ohio Bur. of Motor Vehicles
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[Cite as Maust v. Ohio Bur. of Motor Vehicles, 2006-Ohio-7149.] IN THE COURT OF CLAIMS OF OHIO MICHAEL A. MAUST : Plaintiff : v. : CASE NO. 2005-11248-AD OHIO BUREAU OF MOTOR VEHICLES : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On November 28, 2005, plaintiff, Michael A. Maust, filed a complaint against defendant, Bureau of Motor Vehicles, alleging his driver s license was improperly listed as suspended by defendant. his license Plaintiff related he spent time and money to have reinstated as the result concerning plaintiff s driving status. of defendant s error Plaintiff seeks damages in the amount of $110.00 for reinstatement fee, travel expenses, phone calls and work loss. {¶ 2} 2) On investigation December report 6, admitting 2005, error defendant in recording filed an plaintiff s driving status. {¶ 3} 3) On January 26, 2006, plaintiff filed a poverty statement. 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. Bureau of Motor Vehicles (1998), 97-11045-AD; Ankney v. Serbanescu v. Case No. 2005-11248-AD -2- MEMORANDUM DECISION 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. {¶ 6} 3) Defendant plaintiff Partlow can v. is prove Bureau liable resulted of Motor to from plaintiff for defendant s Vehicles (1997), damages negligence. 97-07820-AD. Plaintiff s damages are reasonable and reflect money expended to receive the reinstatement of his driver s license. has suffered damages in the amount of $110.00. Plaintiff [Cite as Maust v. Ohio Bur. of Motor Vehicles, 2006-Ohio-7149.] IN THE COURT OF CLAIMS OF OHIO MICHAEL A. MAUST : Plaintiff : v. : CASE NO. 2005-11248-AD : ENTRY OF ADMINISTRATIVE DETERMINATION OHIO BUREAU OF MOTOR VEHICLES Defendant : : : : : : : : : : : : : : : : : : The applicant s poverty statement is valid for the purposes of the filing fee only. 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 $110.00. Court costs are assessed serve against defendant. The clerk shall upon all parties notice of this judgment and its date of entry upon the journal. DANIEL R. BORCHERT Deputy Clerk Entry cc: Michael A. Maust 15316 Benhoff Drive Maple Hts., Ohio 44137 Plaintiff, Pro se John R. Guldin Associate Legal Counsel For Defendant Ohio Department of Public Safety, Legal Services 1970 West Broad Street P.O. Box 182081 Columbus, Ohio 43218-2081 DRB/laa 2/21 Filed 3/17/06 Sent to S.C. reporter 4/7/06
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