Smith v. Ohio Bur. of Motor Vehicles
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[Cite as Smith v. Ohio Bur. of Motor Vehicles, 2008-Ohio-6007.] 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 MICHAEL R. SMITH Plaintiff v. BUREAU OF MOTOR VEHICLES Defendant Case No. 2007-08571-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} Plaintiff, Michael R. Smith, filed this action against defendant, Bureau of Motor Vehicles ( BMV ), alleging BMV failed to provide him with adequate notice for measures he needed to take to restore his driving privileges and consequently, incurred vehicle towing expenses. Plaintiff seeks damages in the amount of $96.98 for towing fees paid, plus $184.00 for work loss due to the fact he was deprived of his vehicle and could not get to his work place. Plaintiff submitted the filing fee with the complaint. {¶ 2} Defendant filed an investigation report admitting BMV did not provide plaintiff with proper notice of necessary reinstatement requirements. Defendant acknowledged plaintiff suffered damages in the amount of $96.98 for towing costs. CONCLUSIONS OF LAW {¶ 3} Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, his driving privileges were revoked as a result of faulty record keeping on the part of BMV. Henighan v. Ohio Dept. of Public Safety (1997), 97- 01619-AD; Jordan v. Bureau of Motor Vehicles (1998), 97-10341-AD. {¶ 4} Defendant is liable to plaintiff for damages plaintiff can prove resulted from defendant s negligence. Vehicles (1997), 97-07820-AD. Partlow v. Bureau of Motor Plaintiff has proven that he suffered all damages claimed in the complaint, plus the $25.00 filing fee which may be reimbursed as compensable costs 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. 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 MICHAEL R. SMITH Plaintiff v. BUREAU OF MOTOR VEHICLES Defendant Case No. 2007-08571-AD Deputy Clerk Daniel R. Borchert ENTRY OF ADMINISTRATIVE DETERMINATION 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 $305.98, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Michael R. Smith 6715 Beresford Avenue Parma Hts., Ohio 44130 RDK/laa Filed 9/8/08 Sent to S.C. reporter 11/19/08 Melissa E. Mayhan 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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