Mangan v. Ohio State Hwy. Patrol

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[Cite as Mangan v. Ohio State Hwy. Patrol, 2010-Ohio-2188.] 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 CHARLES B. MANGAN, JR. Plaintiff v. OHIO STATE HIGHWAY PATROL Defendant Case No. 2009-09493-AD Clerk Miles C. Durfey MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Charles B. Mangan, Jr., filed this complaint against defendant, Ohio State Highway Patrol (OSHP), alleging that the negligent act caused damage to a tire on his 2008 Chevrolet Equinox on October 31, 2009. Plaintiff seeks damages in the amount of $150.02. The filing fee was paid. {¶ 2} 2) Defendant filed an investigation report admitting liability for plaintiff s loss and acknowledging the damage amount claimed. CONCLUSIONS OF LAW {¶ 3} 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; Hutchison v. State Highway Patrol, Ct. of Cl. No. 2008-06318-AD, 2008-Ohio-5627; Kovacik v. Ohio State Hwy. Patrol, Ct. of Cl. No. 2008-09619-AD, 2009-Ohio-1592. {¶ 4} 2) Plaintiff has suffered damages in the amount of $150.52, 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 CHARLES B. MANGAN, JR. Plaintiff v. OHIO STATE HIGHWAY PATROL Defendant Case No. 2009-09493-AD Clerk Miles C. Durfey 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 $175.55, which includes the filing fee. Court costs are assessed against defendant. MILES C. DURFEY Clerk Entry cc: Charles B. Mangan, Jr. 173 John Street Newington, Connecticut 06111 RDK/laa 1/22 Filed 2/12/10 Sent to S.C. reporter 5/14/10 Colonel David Dicken Ohio State Highway Patrol P.O. Box 182074 Columbus, Ohio 43229-2074

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