Bellamy v. Unknown, (Ohio 2005)
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Summary
Failure to name appropriate defendant. Case dismissed.
Summary
Failure to name appropriate defendant. Case dismissed.
Text
[Cite as Bellamy v. Unknown, 2005-Ohio-5744.]
IN THE COURT OF CLAIMS OF OHIO DUSTY BELLAMY :
Plaintiff :
v. : CASE NO. 2005AD
UNKNOWN : ENTRY OF DISMISSAL
Defendant :
____________________
On March 14, 2005, plaintiff filed a complaint but failed to name a defendant. On April 1, 2005, plaintiff filed a corrected complaint naming CSX Transportation, Inc. as defendant. CSX Transportation, Inc. is a private company which owns, inspects and maintains the bridge where plaintiff's vehicle damage occurred. "The only defendant in original actions in the court of claims is the state." R.C. 2743.02(E). CSX Transportation, Inc. is not a state entity. Accordingly, plaintiff's case is DISMISSED. The court shall absorb the court costs of this case.
____________________
DANIEL R. BORCHERT Deputy Clerk Entry cc: Dusty Bellamy Plaintiff, Pro se 2856 Co. Rd. 15 Marengo, Ohio 43334 DRB/laa
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9/29 Filed 10/7/05 Sent to S.C. reporter 10/27/
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