Mangan v. Ohio State Hwy. Patrol , 2010 Ohio 2188 ( 2010 )

[Cite as Mangan v. Ohio State Hwy. Patrol, 2010-Ohio-2188.]
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
CHARLES B. MANGAN, JR.
Plaintiff
v.
OHIO STATE HIGHWAY PATROL
Defendant
Case No. 2009-09493-AD
Clerk Miles C. Durfey
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Charles B. Mangan, Jr., filed this complaint against
defendant, Ohio State Highway Patrol (OSHP), alleging that the negligent act caused
damage to a tire on his 2008 Chevrolet Equinox on October 31, 2009. Plaintiff seeks
damages in the amount of $150.02. 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; 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 $150.52, 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
CHARLES B. MANGAN, JR.
Plaintiff
v.
OHIO STATE HIGHWAY PATROL
Defendant
Case No. 2009-09493-AD
Clerk Miles C. Durfey
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 $175.55, which includes the filing fee. Court costs are
assessed against defendant.
MILES C. DURFEY
Clerk
Entry cc:
Charles B. Mangan, Jr. Colonel David Dicken
173 John Street Ohio State Highway Patrol
Newington, Connecticut 06111 P.O. Box 182074
Columbus, Ohio 43229-2074
RDK/laa
1/22
Filed 2/12/10
Sent to S.C. reporter 5/14/10