Klafter v. Ohio State Patrol

[Cite as Klafter v. Ohio State Patrol, 2009-Ohio-7159.]
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
DAVID P. KLAFTER
Plaintiff
v.
OHIO STATE PATROL
Defendant
Case No. 2009-07717-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, David P. Klafter, filed this action against defendant, Ohio
State Highway Patrol (OSHP), alleging his vehicle was damaged by the negligent act of
an OSHP employee during a salvage inspection. Plaintiff seeks damages in the amount
of $354.90, the total cost of automotive repair expense he incurred. 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; Hutchinson v. State Highway Patrol, Ct. of Cl. N.
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 $354.90, 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
DAVID P. KLAFTER
Plaintiff
v.
OHIO STATE PATROL
Defendant
Case No. 2009-07717-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 $379.90, which includes the filing fee. Court costs are
assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
David P. Klafter Captain Kevin Teaford
8506 Achterman Road Ohio State Highway Patrol
Pleasant Plain, Ohio 45162 P.O. Box 182074
Columbus, Ohio 43218-2074
RDK/laa
10/28
Filed 11/19/09
Sent to S.C. reporter 3/5/10