Waterhouse v. Belmont Correctional Inst., (Ohio 2003)

Summary

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Inmate commissary loss. Admission of liability and damages. Judgment for plaintiff.

Summary

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Inmate commissary loss. Admission of liability and damages. Judgment for plaintiff.

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[Cite as Waterhouse v. Belmont Correctional Inst., 2003-Ohio-7306.]

IN THE COURT OF CLAIMS OF OHIO RICHARD WATERHOUSE :

Plaintiff :

v. : CASE NO. 2003AD

BELMONT CORRECTIONAL INST. : MEMORANDUM DECISION

Defendant :

____________________

THE COURT FINDS THAT:

1) On October 7, 2003, plaintiff, Richard Waterhouse, filed a complaint against defendant, Belmont Correctional Institution, alleging defendant's negligence caused the loss of his commissary items. Plaintiff seeks damages in the amount of $34.98, plus the $25.00 filing fee;

2) On October 7, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $59.98;

3) On October 27, 2003, the filing fee was submitted;

4) On November 14, 2003, plaintiff submitted a letter requesting additional documents be added to his claim file.

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 $34.98, 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.

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Plaintiff's letter is considered a motion to add additional evidence and is GRANTED. 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 $59.98, which includes the filing fee. Court costs shall be absorbed by the court. 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: Richard Waterhouse, #443-466 Plaintiff, Pro se P.O. Box 540 St. Clairsville, Ohio 43950 David Bobby, Warden For Defendant Belmont Correctional Institution 68518 Bannock Rd., P.O. Box 540 St. Clairsville, Ohio 43950 DRB/laa 12/10 Filed 12/17/03 Sent to S.C. reporter 1/9/

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