Gamble v. Lebanon Correctional Inst., (Ohio 2004)

Summary

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Inmate property loss, bailment. Admission of liability and damages. Judgment for plaintiff.

Summary

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Inmate property loss, bailment. Admission of liability and damages. Judgment for plaintiff.

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[Cite as Gamble v. Lebanon Correctional Inst., 2004-Ohio-2624.]

IN THE COURT OF CLAIMS OF OHIO

JOHNNY E. GAMBLE :

Plaintiff :

v. : CASE NO. 2003AD

LEBANON CORRECTIONAL INST. : MEMORANDUM DECISION

Defendant :

____________________

THE COURT FINDS THAT:

1) On November 19, 2003, plaintiff, Johnny E. Gamble, filed a complaint against defendant, Lebanon Correctional Institution, alleging his personal property was stolen as a proximate cause of negligence on the part of defendant's staff. Plaintiff seeks damages in the amount of $257.38 for property loss. Plaintiff submitted the filing fee on February 17, 2004;

2) On January 26, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $257.38.

THE COURT CONCLUDES THAT:

1) I find, by a preponderance of the evidence, negligence by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76AD; Stewart v. Ohio National Guard (1979), 78AD;

2) Plaintiff has suffered damages in the amount of $257.38, 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.

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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 $282.38, 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: Johnny E. Gamble, #326-028 Plaintiff, Pro se P.O. Box 56 Lebanon, Ohio 45036-0056 Gregory C. Trout, Chief Counsel For Defendant Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 4/28 Filed 5/5/04 Sent to S.C. reporter 5/24/

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