Elbon v. Ohio State Hwy. Patrol
This text of 2010 Ohio 3793 (Elbon v. Ohio State Hwy. Patrol) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[Cite as Elbon v. Ohio State Hwy. Patrol, 2010-Ohio-3793.]
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
LAURA A. ELBON
Plaintiff
v.
OHIO STATE HIGHWAY PATROL
Defendant
Case No. 2009-09621-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT {¶ 1} 1) Plaintiff, Laura A. Elbon, filed this complaint against defendant, Ohio State Highway Patrol (OSHP), alleging that the negligent act of OSHP personnel caused damage to the tires on her 2010 Chevrolet Impala. Plaintiff seeks damages in the amount of $565.02 for replacement parts, towing expenses, mileage, and work loss. The $25.00 filing fee was paid and plaintiff requested reimbursement of that cost along with her damage claim. {¶ 2} 2) Defendant filed an investigation report admitting liability for plaintiff’s loss and acknowledging the damage amount claimed. CONCLUSIONS OF LAW {¶ 3} 1) Negligence on the part of defendant has been established. Johnson v. State Highway Patrol (2002), 2001-12347-AD; Zapf v. Highway Patrol, Ct. of Cl. No. 2006-07511-AD, 2007-Ohio-3104; Landman v. Ohio State Highway Patrol, Ct. of Cl. No. 2007-01801-AD, 2007-Ohio-2414; Hutchison v. State Highway Patrol, Ct. of Cl. No. 2008-06318-AD, 2008-Ohio-5627; Kovacik v. Ohio State Hwy. Patrol, Ct. of Cl. No. 2008-09619-AD, 2009-Ohio-1592. {¶ 4} 2) Plaintiff has suffered damages in the amount of $565.02, plus the $25.00 filing fee which may be reimbursed as compensable costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.
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
LAURA E. ELBON
ENTRY OF ADMINISTRATIVE DETERMINATION
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 $590.02, which includes the filing fee. Court costs are assessed against defendant.
DANIEL R. BORCHERT Deputy Clerk
Entry cc:
Laura E. Elbon Colonel David Dicken 113 Main Street Ohio State Highway Patrol Rochester, Ohio 44090 P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa Filed 4/9/10 Sent to S.C. reporter 8/13/10
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2010 Ohio 3793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elbon-v-ohio-state-hwy-patrol-ohioctcl-2010.