Boyer v. Ohio Dept. of Transp. , 2011 Ohio 1761 ( 2011 )

[Cite as Boyer v. Ohio Dept. of Transp., 2011-Ohio-1761.]
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
CAMERON BOYER
Plaintiff
v.
OHIO DEPARTMENT OF TRANSPORTATION
Defendant
Case No. 2010-09531-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF DISMISSAL
{¶ 1} On July 29, 2010, plaintiff, Cameron Boyer, filed a complaint against
defendant, Department of Transportation. However, plaintiff did not provide any details
with respect to the date, time, location, or nature of any alleged road hazard which
caused plaintiff’s damage. The only documentation attached to plaintiff’s complaint was
an estimate for auto repairs in the amount of $1,175.24 dated July 22, 2010 from Midas.
The plaintiff submitted the filing fee.
{¶ 2} On August 6, 2010, defendant filed a motion to dismiss. In support of the
motion to dismiss, defendant stated in pertinent part:
{¶ 3} “Plaintiff Boyer filed a claim at the Court of Claims of Ohio on July 29,
2010, but he did not give a date, description of his complaint or the location. Without
the factors, there is no way to investigate this claim.
{¶ 4} “For these reasons, Defendant respectfully requests that the present case
be dismissed.”
{¶ 5} Plaintiff has not responded to defendant’s motion to dismiss.
Case No. 2010-09531-AD -2- ENTRY
{¶ 6} Upon review, defendant’s motion to dismiss is GRANTED based on the
lack of evidence supplied by plaintiff. Plaintiff’s case is DISMISSED without prejudice.
The court shall absorb the court costs of this case in excess of the filing fee.
________________________________
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Cameron Boyer Catherine Cola Perkins
1359 Woodberry Chief Legal Counsel
Gahanna, Ohio 43230 Department of Transportation
1980 West Broad Street
Columbus, Ohio 43223
DRB/laa
Filed 1/26/11
Sent to S.C. reporter 4/8/11