Gibson v. State Hwy. Patrol
This text of 2010 Ohio 3642 (Gibson v. 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 Gibson v. State Hwy. Patrol, 2010-Ohio-3642.]
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
STEPHEN D. GIBSON
Plaintiff
v.
STATE HIGHWAY PATROL
Defendant
Case No. 2010-01662-AD
Clerk Miles C. Durfey
MEMORANDUM DECISION
FINDINGS OF FACT {¶ 1} 1) Plaintiff, Stephen D. Gibson, filed this complaint against defendant, Ohio State Highway Patrol (OSHP), alleging that the negligent act of OSHP personnel caused damage to the tires on his 2003 GMC Envoy on January 3, 2010. Plaintiff seeks damages in the amount of $682.90. The $25.00 filing fee was paid and plaintiff requested reimbursement of that cost along with his damage claim. {¶ 2} 2) Defendant filed an investigation report admitting liability for plaintiff’s loss and acknowledging the damage amount claimed. {¶ 3} 3) On March 1, 2010, plaintiff submitted a response expressing his agreement with the investigation report. CONCLUSIONS OF LAW {¶ 4} 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. {¶ 5} 2) Plaintiff has suffered damages in the amount of $682.90, 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
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 $707.90, which includes the filing fee. Court costs are assessed against defendant. MILES C. DURFEY Clerk
Entry cc:
Stephen D. Gibson Colonel David Dicken 542 W. Main Street Ohio State Highway Patrol Deshler, Ohio 43516 P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 2/26 Filed 3/25/10 Sent to S.C. reporter 8/6/10
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2010 Ohio 3642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-state-hwy-patrol-ohioctcl-2010.