Montgomery v. Ohio Bur. of Motor Vehicles
Annotate this Case
Download PDF
[Cite as Montgomery v. Ohio Bur. of Motor Vehicles, 2006-Ohio-7210.] IN THE COURT OF CLAIMS OF OHIO ROBERT J. MONTGOMERY : Plaintiff : v. : CASE NO. 2006-02684-AD OHIO BUREAU OF MOTOR VEHICLES : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On March 24, 2006, plaintiff, Robert J. Montgomery, filed a complaint against defendant, Bureau of Motor Vehicles ( BMV ), alleging his driver s license was improperly listed as suspended and he improper listing. was subsequently arrested based on this Plaintiff stated he incurred vehicle towing expenses as a result of defendant s error concerning his driving status. Plaintiff seeks damages in the amount of $134.51 for towing and impound fees. The filing fee was paid. {¶ 2} 2) On March 31, 2006, defendant filed an investigation report admitting error in recording plaintiff s driving status. CONCLUSIONS OF LAW {¶ 3} 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. Bureau of Motor Vehicles (1994), 93-15038-AD; Black v. Bureau of Motor Vehicles (1996), 95-01441-AD. {¶ 4} 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. {¶ 5} 3) Defendant plaintiff Partlow can v. prove Bureau is liable resulted of Motor to from plaintiff for defendant s Vehicle (1997), damages negligence. 97-07820-AD. Plaintiff has proven that he incurred towing and impound fees as a result of defendant s error. {¶ 6} 4) Plaintiff has suffered damages in the amount of $134.51, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Misc. 2d 19. Rehabilitation and Correction (1990), 62 Ohio IN THE COURT OF CLAIMS OF OHIO ROBERT J. MONTGOMERY : Plaintiff : v. : CASE NO. 2006-02684-AD OHIO BUREAU OF MOTOR VEHICLES : 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 $159.51, 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: Robert J. Montgomery 5986 Paint Creek Way Hilliard, Ohio 43026 Plaintiff, Pro se John R. Guldin Associate Legal Counsel Department of Public Safety Legal Services For Defendant 1970 West Broad Street P.O. Box 182081 Columbus, Ohio 43218-2081 RDK/laa 6/14 Filed 6/22/06 Sent to S.C. reporter 3/21/07
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.
