Melert v. State Hwy. Patrol

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[Cite as Melert v. State Hwy. Patrol, 2008-Ohio-6464.] 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 CHRISTY M. MELERT Plaintiff v. STATE HIGHWAY PATROL Defendant Case No. 2008-07926-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Christy M. Melert, filed this complaint against defendant, Ohio State Highway Patrol ( OSHP ), alleging that her car, a 2000 Acura TL, was damaged while parked in the lot at the OSHP Exam Station in Massillon, Ohio. {¶ 2} 2) Plaintiff seeks damages in the amount of $742.05, the total cost incurred for repairing her automobile. The filing fee was paid. {¶ 3} 3) Defendant filed an investigation report admitting liability for plaintiff s loss and acknowledging the damage amount claimed as well as any compensable cost. CONCLUSIONS OF LAW {¶ 4} 1) Negligence on the part of defendant has been established. Johnson v. State Highway Patrol (2002), 2001-12347-AD; Zapf v. Highway Patrol, Ct. of Cl. No. 2006-07511-AD, 2007-Ohio-3104; Landman v. Ohio State Highway Patrol, Ct. of Cl. No. 2007-01801-AD, 2007-Ohio-2414. {¶ 5} 2) Plaintiff has suffered damages in the amount of $767.05, which includes 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 CHRISTY M. MELERT Plaintiff v. STATE HIGHWAY PATROL Defendant Case No. 2008-07926-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 $767.05, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Christy M. Melert 459 E. Hopocan Avenue Barberton, Ohio 44203 RDK/laa Filed 9/26/08 Sent to S.C. reporter 12/3/08 Colonel Richard H. Collins Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43218-2074

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