Stafford v. Ohio Reformatory for Women, (Ohio 2002)

Summary

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Prisoner property loss. Admission of liability. Judgment for plaintiff.

Summary

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Prisoner property loss. Admission of liability. Judgment for plaintiff.

Text

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[Cite as Stafford v. Ohio Reformatory for Women, 2002-Ohio-4610.]

IN THE COURT OF CLAIMS OF OHIO

MARY SANDERS STAFFORD, #49254 : 2675 East 30th St. #E Cleveland, Ohio 44115 : Case No. 2002AD

Plaintiff : MEMORANDUM DECISION

v. :

OHIO REFORMATORY FOR WOMEN :

Defendant :

____________________

For Defendant: Deborah Timmerman-Cooper, Warden Ohio Reformatory for Women 1479 Collins Avenue Marysville, Ohio 43040

____________________

THE COURT FINDS THAT:

1) On March 8, 2002, plaintiff, Mary Sanders Stafford, filed a complaint against defendant, Ohio Reformatory for Women, alleging her craft objects were damaged while under defendant's control. Plaintiff seeks damages in the amount of $90.00 for property loss. Plaintiff submitted the filing fee with her complaint;

2) On May 6, 2002, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $90.00.

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

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Guard (1979), 78AD;

2) Plaintiff has suffered damages in the amount of $90.00, 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.

Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;

IT IS ORDERED THAT:

1) Plaintiff's claim is GRANTED and judgment is rendered in favor of the plaintiff;

2) Defendant (Ohio Reformatory for Women) pay plaintiff (Mary Sanders Stafford) $115.00 and such interest as is allowed by law;

3) Court costs are assessed against defendant.

____________________

DANIEL R. BORCHERT Deputy Clerk RDK/laa 5/29 Filed 6/7/02 Jr. Vol. 707, Pg. 165 Sent to S.C. reporter 9/4/

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