Feldman v. Ohio Bur. of Motor Vehicles
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[Cite as Feldman v. Ohio Bur. of Motor Vehicles, 2007-Ohio-4865.] 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 LAUREN C. FELDMAN Case No. 2007-01975-AD Plaintiff Deputy Clerk Daniel R. Borchert v. MEMORANDUM DECISION OHIO BUREAU OF MOTOR VEHICLES Defendant [Cite as Feldman v. Ohio Bur. of Motor Vehicles, 2007-Ohio-4865.] FINDINGS OF FACT {¶1} 1) On February 9, 2007, plaintiff, Lauren C. Feldman, filed a complaint against defendant, Bureau of Motor Vehicles ( BMV ), alleging her driver s license was suspended by BMV. Plaintiff s automobile was towed and impounded as a result of BMV s error in recording her driving status. Plaintiff seeks damages in the amount of $181.05 for towing and storage fees. The filing fee was paid. {¶2} 2) On April 11, 2007, defendant filed an investigation report admitting error in recording plaintiff s license status. {¶3} 3) On July 9, 2007, plaintiff filed a response. CONCLUSIONS OF LAW {¶4} 1) Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, her driver s license was erroneously listed as suspended by defendant. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Black v. Bureau of Motor Vehicles (1996), 95-01441-AD. {¶5} 2) Plaintiff has proven, by a preponderance of the evidence, that her driver s license was improperly listed as suspended by defendant. McGee v. Ohio Bureau of Motor Vehicles (1997), 97-03999-AD. {¶6} 3) Defendant is liable to plaintiff for damages plaintiff can prove resulted from defendant s negligence. Partlow v. Bureau of Motor Vehicles (1997), 97-07820-AD. Plaintiff has proven that she suffered all damages claimed in the complaint, plus the $25.00 filing fee which may be reimbursed as compensable damages pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990. [Cite as Feldman v. Ohio Bur. of Motor Vehicles, 2007-Ohio-4865.] 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 LAUREN C. FELDMAN Plaintiff Case No. 2007-01975-AD Deputy Clerk Daniel R. Borchert v. OHIO BUREAU OF MOTOR VEHICLES ENTRY OF ADMINISTRATIVE DETERMINATION 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 $206.05, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Lauren C. Feldman 6949 South Dwyer Road Okeana, Ohio 45053 RDK/laa 7/11 Filed 7/26/07 Sent to S.C. reporter 9/20/07 John R. Guldin Associate Legal Counsel Ohio Department of Public Safety Legal Services 1970 West Broad Street P.O. Box 182081 Columbus, Ohio 43218-2081
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