Brady v. Mansfield Correctional Inst.

[Cite as Brady v. Mansfield Correctional Inst., 2011-Ohio-2120.]
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
TIMOTHY A. BRADY
Plaintiff
v.
MANSFIELD CORRECTIONAL INSTITUTE, et al.
Defendants
Case No. 2010-10971-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Timothy A. Brady, filed a complaint against defendant,
Mansfield Correctional Institution. Plaintiff asserts on March 29, 2010, at approximately
7:00 a.m., his vehicle was damaged when an agent of the defendant negligently drove a
state vehicle into his vehicle causing damage. The plaintiff seeks damages in the
amount of $2,300.00, the cost to repair his vehicle. Plaintiff submitted the $25.00 filing
fee with his complaint.
{¶ 2} 2) On January 25, 2011, the defendant filed a motion to add the Office
of Risk Management as an additional party defendant.
{¶ 3} 3) On January 5, 2011, the defendant submitted an investigation report
admitting liability and damages in the amount of $2,331.05. The defendant attached a
full and final release form to its investigation report. The release states in consideration
for $2,331.05 the claim will be settled against the defendant. The plaintiff signed and
dated the form. The defendant stated in pertinent part:
{¶ 4} “Since the evidence indicates that the Plaintiff suffered the damage to his
car and the Defendant’s agents were negligent in causing that damage, it is the position
of the Defendant that judgment is made in favor of the Plaintiff in the amount of
$2,331.05. This Court should order the Office of Risk Management to pay $2,331.05 to
the Plaintiff and the Ohio Dept. of Rehabilitation and Correction to pay $25 to the
Plaintiff for the filing fee.”
CONCLUSIONS OF LAW
{¶ 5} 1) Defendant’s motion is GRANTED and the Office of Risk Management
is added as a defendant.
{¶ 6} 2) Negligence by defendant has been proven by a preponderance of the
evidence. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart
v. Ohio National Guard (1979), 78-0342-AD.
{¶ 7} 3) Plaintiff has suffered damages in the amount of $2,331.05, plus the
$25.00 filing fee, which may be reimbursed as compensable damages pursuant to the
holding in 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
TIMOTHY A. BRADY
Plaintiff
v.
MANSFIELD CORRECTIONAL INSTITUTE, et al.
Defendants
Case No. 2010-10971-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF ADMINISTRATIVE
DETERMINATION
Defendant’s motion is GRANTED and the Office of Risk Management is added
as a defendant. All dockets, indices, and the claim file shall reflect that the Office of
Risk Management is added as a party defendant.
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 $2,331.05, to be paid by the Office of Risk Management and
$25.00 to be paid by Mansfield Correctional Institution. Court costs are assessed
against defendants. The clerk shall serve upon all parties notice of this judgment and
its date of entry upon the journal.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Timothy A. Brady Gregory C. Trout, Chief Counsel
2912 Possum Run Road Department of Rehabilitation
Mansfield, Ohio 44903 and Correction
770 West Broad Street
DRB/laa Columbus, Ohio 43222
Filed 2/16/11
Sent to S.C. reporter 4/29/11