Wiswasser v. Ohio Dept. of Transp.
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[Cite as Wiswasser v. Ohio Dept. of Transp., 2006-Ohio-7184.] IN THE COURT OF CLAIMS OF OHIO BILLY F. WISWASSER, JR. : Plaintiff : v. : CASE NO. 2006-02498-AD OHIO DEPARTMENT OF TRANSPORTATION : MEMORANDUM DECISION : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On Department residence of February Transportation adjacent Wiswasser, Jr. 24, to 2006, employees ( DOT ), property owned removed by of defendant, trees plaintiff, from Billy a F. During the course of the tree removal operation, ODOT workers cut a large tree branch which fell upon plaintiff s concrete sidewalk and porch railing causing substantial property damage. Plaintiff consequently filed this complaint seeking to recover $1,200.00, representing the estimated cost of repairing his property damage. The filing fee was paid. Photographs of the damaged area were submitted. {¶ 2} 2) Defendant plaintiff s property. estimate of admitted liability for the damage to However, defendant contended plaintiff s $1,200.00 for damage repair was excessive. Defendant offered $900.00 to settle plaintiff s damage claim. {¶ 3} 3) Plaintiff responded with the following narrative. On February 24, 2006 ODOT State workers damage my side walk and porch railings while removing trees on the State Right-of-way. They left a note explaining the damage to the porch railing but not the sidewalk. {¶ 4} I noticed the damage to the sidewalk and called them about it. They rudely told me that I would have to sue the state for compensation. {¶ 5} I filed with the Court of Claims, no where in the instructions does it say to file more than one estimates. {¶ 6} On April 19, 2006, ODOT worker Vicki at phone #1-888644-0308 called me and stated that ODOT would only pay $600.00 for repairs. This was an unreasonably low offering. that I would send other estimates. I told her She told me that she would get back with me but never phoned again. I will accept the $900.00 offering but not the $600.00 offering that she gave me over the phone. CONCLUSIONS OF LAW {¶ 7} 1) Plaintiff evidence, negligence has on proven, the part by a preponderance of defendant. of Baisden the v. Southern Ohio Correctional Facility (1977), 76-0617-AD. {¶ 8} 2) As trier of fact, this court has the power to award reasonable damages based on evidence presented. Sims v. Southern Ohio Correctional Facility (1988), 61 Ohio Misc. 2d 239. {¶ 9} 3) The court finds defendant liable to plaintiff in the amount of $900.00, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation (1990), 62 Ohio Misc. 2d 19. IN THE COURT OF CLAIMS OF OHIO and Correction BILLY F. WISWASSER, JR. : Plaintiff : v. : CASE NO. 2006-02498-AD OHIO DEPARTMENT OF TRANSPORTATION : 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 $925.00, 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: Billy F. Wiswasser, Jr. 303 West Findlay Street P.O. Box 81 Vaughnsville, Ohio 45893-0081 Plaintiff, Pro se Gordon Proctor, Director Department of Transportation For Defendant 1980 West Broad Street Columbus, Ohio 43223 RDK/laa 5/18 Filed 6/1/06 Sent to S.C. reporter 3/1/07
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