Klafter v. Ohio State Patrol

Ohio Court of Claims

Klafter v. Ohio State Patrol

2009 Ohio 7159

CourtOhio Court of Claims

DecidedNovember 19, 2009

Docket2009-07717-AD

StatusPublished

This text of 2009 Ohio 7159 (Klafter v. Ohio State 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.

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Klafter v. Ohio State Patrol, 2009 Ohio 7159 (Ohio Super. Ct. 2009).

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Opinion

[Cite as Klafter v. Ohio State Patrol, 2009-Ohio-7159.]

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

DAVID P. KLAFTER

Plaintiff

v.

OHIO STATE PATROL

Defendant

Case No. 2009-07717-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} 1) Plaintiff, David P. Klafter, filed this action against defendant, Ohio State Highway Patrol (OSHP), alleging his vehicle was damaged by the negligent act of an OSHP employee during a salvage inspection. Plaintiff seeks damages in the amount of $354.90, the total cost of automotive repair expense he incurred. The filing fee was paid. {¶ 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; Hutchinson v. State Highway Patrol, Ct. of Cl. N. 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 $354.90, 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 $379.90, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk Entry cc:

David P. Klafter Captain Kevin Teaford 8506 Achterman Road Ohio State Highway Patrol Pleasant Plain, Ohio 45162 P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 10/28 Filed 11/19/09 Sent to S.C. reporter 3/5/10

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[Cite as Klafter v. Ohio State Patrol, 2009-Ohio-7159.]

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

DAVID P. KLAFTER

Plaintiff

v.

OHIO STATE PATROL

Defendant

Case No. 2009-07717-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} 1) Plaintiff, David P. Klafter, filed this action against defendant, Ohio State Highway Patrol (OSHP), alleging his vehicle was damaged by the negligent act of an OSHP employee during a salvage inspection. Plaintiff seeks damages in the amount of $354.90, the total cost of automotive repair expense he incurred. The filing fee was paid. {¶ 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; Hutchinson v. State Highway Patrol, Ct. of Cl. N. 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 $354.90, 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 $379.90, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk Entry cc:

David P. Klafter Captain Kevin Teaford 8506 Achterman Road Ohio State Highway Patrol Pleasant Plain, Ohio 45162 P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 10/28 Filed 11/19/09 Sent to S.C. reporter 3/5/10

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2009 Ohio 7159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klafter-v-ohio-state-patrol-ohioctcl-2009.