Vasquez v. Ohio Dept. of Rehab. & Corr., (Ohio 2003)
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Summary
Judgment entry on liability in favor of defendant reversed by court of appeals. Judgment rendered in favor of plaintiff.
Summary
Judgment entry on liability in favor of defendant reversed by court of appeals. Judgment rendered in favor of plaintiff.
Text
[Cite as Vasquez v. Ohio Dept. of Rehab. & Corr., 2003-Ohio-1779.]
IN THE COURT OF CLAIMS OF OHIO
DANIEL VASQUEZ :
Plaintiff : CASE NO. 97-12734
v. : JUDGMENT ENTRY
OHIO DEPARTMENT OF : REHABILITATION AND CORRECTION : Defendant
____________________
On January 13, 2000, this court issued a judgment entry in favor of defendant. However, on February 22, 2001, the court of appeals issued an opinion and a judgment entry reversing the decision of this court and remanding the case for further proceedings, stating in relevant part:
"The decision of the Ohio Court of Claims as to the liability of ODRC for the use of the shank in the assault on inmate Vasquez is against the manifest weight of the evidence. We do not find that ODRC is liable for the mere fact inmate Vasquez was assaulted. The testimony about the size of the cuff keys was so sparse that we cannot say the corrections officers were negligent in failing to discover them or failing to prevent their use in freeing inmate Robinson from the travel chain. However, ODRC is liable for its failure to prevent the use of the foot-long shank in the assault." See Vasquez v. Ohio Dept. of Rehab. & Corr. (Feb. 22, 2001), Franklin App. No. 00AP-387.
In accordance with the opinion and judgment entry of the court of appeals, judgment is hereby rendered in favor of plaintiff on the issue of liability. A magistrate of this
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Case No. 97-12734
JUDGMENT ENTRY court has been assigned to proceed with this matter on the issue of damages pursuant to Civ.R. 53.
JUDGE Entry cc: Richard F. Swope Attorney for Plaintiff 6504 East Main Street Reynoldsburg, Ohio 43068 James P. Dinsmore Attorney for Defendant Assistant Attorney General 65 East State St., 16th Fl. Columbus, Ohio 43215 LP/cmd Filed 32003 Jr. Vol. 737, Pgs. 193-194 To S.C. reporter
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