Mitchell v. Ohio State Hwy. Patrol

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[Cite as Mitchell v. Ohio State Hwy. Patrol, 2006-Ohio-7143.] IN THE COURT OF CLAIMS OF OHIO KATHY MITCHELL : Plaintiff : v. : CASE NO. 2005-11256-AD OHIO STATE HIGHWAY PATROL : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : THE COURT FINDS THAT: {¶ 1} 1) On November 28, 2005, plaintiff, Kathy Mitchell, filed a complaint against defendant, Ohio State Highway Patrol ( OSHP ), alleging she incurred automobile property damage as a proximate cause of negligent acts on the part of OSHP personnel. Plaintiff seeks damages in the amount of $111.65 for property damage; {¶ 2} 2) On investigation December report 16, admitting 2005, defendant liability and filed an acknowledging plaintiff suffered the damages claimed; {¶ 3} 3) On February 23, 2006, plaintiff paid the filing fee. THE COURT CONCLUDES THAT: {¶ 4} 1) Negligence on the part of defendant has been shown. Johnson v. State Highway Patrol (2002), 2001-12347-AD, Moro v. Ohio State Highway Patrol, 2002-04429-AD, 2002-Ohio-4635; Vastine v. State Highway Patrol, 2002-10305-AD, 2003-Ohio-1681; {¶ 5} 2) Plaintiff suffered damages in the amount of $111.65, plus the $25.00 filing fee. Bailey v. Ohio Department Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19. of IN THE COURT OF CLAIMS OF OHIO KATHY MITCHELL : Plaintiff : v. : CASE NO. 2005-11256-AD OHIO STATE HIGHWAY PATROL : ENTRY OF ADMINISTRATIVE DETERMINATION Defendant : : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons concurrently set forth herewith, in the judgment is memorandum rendered decision in filed favor of plaintiff in the amount of $136.65, 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: Kathy Mitchell 1418 Willett Street SE Canton, Ohio 44707 Plaintiff, Pro se Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 For Defendant RDK/laa 3/2 Filed 3/17/06 Sent to S.C. reporter 4/7/06

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