Maxwell Towing Servs., Inc. v. Ohio State Hwy. Patrol

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[Cite as Maxwell Towing Services, Inc. v. Ohio State Highway Patrol, 2006-Ohio-7286.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us MAXWELL TOWING SERVICES, INC. Plaintiff Case No. 2006-04059-AD Daniel R. Borchert Deputy Clerk v. MEMORANDUM DECISION OHIO STATE HIGHWAY PATROL Defendant FINDINGS OF FACT {¶ 1} 1) Plaintiff, Maxwell Towing Services, Inc., filed a complaint seeking to recover towing and storage fees imposed for a vehicle ordered impounded by defendant, Ohio State Highway Patrol ( OSHP ). The vehicle was impounded incident to a driving under suspension charge against the vehicle s driver. Upon motion, Judge D. William Evans of the Municipal Court of Wayne County, ordered that the fees for towing and storage of the impounded vehicle be paid by OSHP. Based on this court order plaintiff seeks $1,240.00 in damages for towing and storage fees. The filing fee was paid. {¶ 2} 2) OSHP filed an investigation report agreeing to reimburse plaintiff $1,240.00, pursuant to the order issued by the Municipal Court of Wayne County. Case No. 2006-04059-AD -2- ENTRY CONCLUSIONS OF LAW {¶ 3} 1) Sufficient proof of liability on the part of defendant has been shown. Lockhart v. State Highway Patrol-Ohio, 2005-07356-AD, 2005-Ohio-5396; Moro v. Ohio State Highway Patrol, 2002-04429-AD, 2002-Ohio-4635; Vastine v. State Highway Patrol, 2002-10305-AD, 2003-Ohio-1681; Ken & Son Towing, Inc. v. Ohio State Highway Patrol 2005-09499-AD, 2005-Ohio-6814. {¶ 4} 2) Plaintiff suffered damages in the amount of $1,240.00, plus the $25.00 filing fee. Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19. Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us MAXWELL TOWING SERVICES, INC. Plaintiff v. Case No. 2006-04059-AD Daniel R. Borchert Deputy Clerk ENTRY OF ADMINISTRATIVE DETERMINATION OHIO STATE HIGHWAY PATROL 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 $1,265.00, 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: J. Douglas Drushal 225 North Market Street Wooster, Ohio 44691-0599 Attorney for Plaintiff Colonel Paul D. McClellan Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074 For Defendant RDK/laa 9/8 Filed 9/21/06 Sent to S.C. reporter 6/5/07

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