Boyer v. Ohio Dept. of Transp.

2011 Ohio 1761

Opinion

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

CAMERON BOYER

Plaintiff

v.

OHIO DEPARTMENT OF TRANSPORTATION

Defendant

Case No. 2010-09531-AD

Deputy Clerk Daniel R. Borchert

ENTRY OF DISMISSAL

{¶ 1} On July 29, 2010, plaintiff, Cameron Boyer, filed a complaint against defendant, Department of Transportation. However, plaintiff did not provide any details with respect to the date, time, location, or nature of any alleged road hazard which caused plaintiff’s damage. The only documentation attached to plaintiff’s complaint was an estimate for auto repairs in the amount of $1,175.24 dated July 22, 2010 from Midas. The plaintiff submitted the filing fee.

{¶ 2} On August 6, 2010, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant stated in pertinent part:

{¶ 3} “Plaintiff Boyer filed a claim at the Court of Claims of Ohio on July 29, 2010, but he did not give a date, description of his complaint or the location. Without the factors, there is no way to investigate this claim.

{¶ 4} “For these reasons, Defendant respectfully requests that the present case be dismissed.”

{¶ 5} Plaintiff has not responded to defendant’s motion to dismiss.

Case No. 2010-09531-AD -2- ENTRY

{¶ 6} Upon review, defendant’s motion to dismiss is GRANTED based on the lack of evidence supplied by plaintiff. Plaintiff’s case is DISMISSED without prejudice. The court shall absorb the court costs of this case in excess of the filing fee.

________________________________

DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Cameron Boyer Catherine Cola Perkins 1359 Woodberry Chief Legal Counsel Gahanna, Ohio 43230 Department of Transportation 1980 West Broad Street Columbus, Ohio 43223

DRB/laa Filed 1/26/11 Sent to S.C. reporter 4/8/11