Cenkus v. Ohio Dept. of Rehab. & Corr., (Ohio 2007)
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Summary
Automobile damage, string trimmer. Admission of liability and damages. Judgment for plaintiff.
Summary
Automobile damage, string trimmer. Admission of liability and damages. Judgment for plaintiff.
Text
[Cite as Cenkus v. Ohio Dept. of Rehab. & Corr., 2007-Ohio-1208.]
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 A. CENKUS Case No. 2006-05870-AD
Plaintiff Deputy Clerk Daniel R. Borchert
v.
MEMORANDUM DECISION
OHIO DEPT. REHAB. AND CORRECTIONS
Defendant
FINDINGS OF FACT
1) On August 9, 2006, an inmate operating a string trimmer on the grounds of defendant's Belmont Correctional Institution, caused damage to the side window of a truck owned by plaintiff, Michael A. Cenkus.
2) Plaintiff filed this complaint seeking to recover $149.80, the cost of a replacement truck window. The filing fee was paid.
3) Defendant admitted liability for plaintiff's property damage and acknowledged plaintiff is entitled to the cost of a replacement window, plus filing fee reimbursement.
CONCLUSIONS OF LAW
1) Sufficient proof of liability on the part of defendant has been shown.
Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD.
2) Plaintiff has suffered damages in the amount of $149.80, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.
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[Cite as Cenkus v. Ohio Dept. of Rehab. & Corr., 2007-Ohio-1208.]
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 A. CENKUS Case No. 2006-05870-AD
Plaintiff Deputy Clerk Daniel R. Borchert
v.
ENTRY OF ADMINISTRATIVE OHIO DEPT. REHAB. AND DETERMINATION CORRECTIONS
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 $174.80, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
DANIEL R. BORCHERT Deputy Clerk Entry cc: Michael A.
Cenkus
Gregory C. Trout, Chief Counsel
Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229
RDK/laa 1/11 Filed 1/25/07 Sent to S.C. reporter 3/16/
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