Lumpkin v. Bur. of Motor Vehicles

2010 Ohio 2313

• Court: Ohio Court of Claims
• Decided: February 22, 2010
• Docket: 2009-06532-AD
• Status: Published

Opinion

[Cite as Lumpkin v. Bur. of Motor Vehicles, 2010-Ohio-2313.]

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

JARRETT LUMPKIN

Plaintiff

v.

BUREAU OF MOTOR VEHICLES

Defendant

Case No. 2009-06532-AD

Clerk Miles C. Durfey

MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} 1) Plaintiff, Jarrett Lumpkin, filed this action against defendant, Bureau of Motor Vehicles (BMV), alleging that his driver’s license was improperly listed as suspended on BMV records and as a result his automobile was impounded on May 20, 2009. Plaintiff filed this complaint seeking to recover damages in the amount of $204.96 for towing and impound fees as well as $90.00 for court costs. Total damages claimed amount to $294.96. The $25.00 filing fee was paid. Plaintiff did not supply any documentation to support his claim that court costs were related to BMV record keeping. {¶ 2} 2) Defendant filed an investigation report admitting error in recording plaintiff’s license status. Defendant stated that BMV “has no knowledge of [p]laintiff’s claimed expenses.” CONCLUSIONS OF LAW {¶ 3} 1) Resulting damages may be recovered when a plaintiff proves, by a preponderance of the evidence, his driver’s license was erroneously listed as suspended by defendant. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Serbanescu v. Bureau of Motor Vehicles (1994), 93-15038-AD; Black v. Bureau of Motor Vehicles (1996), 95-01441-AD. These damages must directly flow from defendant’s failure to provide accurate information to authorities. Henighan v. Ohio Dept. of Public Safety (1997), 97-01619-AD; Jordan v. Bureau of Motor Vehicles (1998), 97-10341. {¶ 4} 2) Plaintiff has proven, by a preponderance of the evidence, that his driver’s license was improperly listed as suspended by defendant. McGee v. Ohio Bureau of Motor Vehicles (1997), 97-03399-AD. {¶ 5} 3) Defendant is liable to plaintiff for damages plaintiff can prove resulted from defendant’s negligence. Partlow v. Bureau of Motor Vehicles (1997), 97-07820- AD. Plaintiff has proven that he incurred towing and impound fees as a result of BMV’s record keeping. However, plaintiff has failed to prove that he suffered the remaining damages as a result of defendant’s record keeping. Without any supporting documentation the court cannot grant court cost damages. {¶ 6} 4) Plaintiff has suffered damages in the amount of $204.96, and 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

v. BUREAU OF MOTOR VEHICLES

Deputy Clerk Daniel R. Borchert

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 $229.26, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Jarrett Lumpkin John R. Guldin 1466 Worthington Street Department of Public Safety Apt. E 1970 West Broad Street Columbus, Ohio 43201 P.O. Box 182081 Columbus, Ohio 43218-2081 RDK/laa 2/17 Filed 2/22/10 Sent to S.C. reporter 5/21/10