Workman v. Ohio State Hwy. Patrol

2009 Ohio 7162
Ohio Court of Claims·Decided November 19, 2009·No. 2009-06559-AD·Published

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

YVONNE LYN WORKMAN

Plaintiff

v.

OHIO STATE HIGHWAY PATROL

Defendant

Case No. 2009-06559-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT

{¶ 1} 1) Plaintiff, Yvonne Lyn Workman, filed this complaint against defendant, Ohio State Highway Patrol (OSHP), alleging the negligent act of an OSHP employee caused damage to her 2006 Audi sedan on June 25, 2009. Plaintiff seeks damages in the amount of $1,413.82. The filing fee as 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; 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 $1,413.82, 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

YVONNE LYN WORKMAN

Plaintiff

v.

OHIO STATE HIGHWAY PATROL

Defendant

Case No. 2009-06559-AD

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 $1,438.82, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Yvonne Lyn Workman Colonel Richard H. Collins 2084 Harris Road Ohio State Highway Patrol Broadview Hts., Ohio 44147 P.O. Box 182074 Columbus, Ohio 43218-2074 RDK/laa 11/3 Filed 11/19/09 Sent to S.C. reporter 3/5/10

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Workman v. Ohio State Hwy. Patrol, 2009 Ohio 7162 (Ohio Super. Ct. 2009).

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