MOHICAN VALLEY TOWING v. STATE HWY. PAT., Unpublished Decision (5-1-2003)

{¶ 1} THE COURT FINDS THAT:

{¶ 2} 1) On November 29, 2002, plaintiff, Mohican Valley Towing, filed a complaint against defendant, Ohio State Highway Patrol alleging defendant was responsible for towing and impound fees assessed. Plaintiff seeks damages in the amount of $1,460.94. Plaintiff submitted the filing fee with the complaint;

{¶ 3} 2) On January 30, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $1,460.94.

{¶ 4} THE COURT CONCLUDES THAT:

{¶ 5} 1) I find, by a preponderance of the evidence, liability by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1979), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD;

{¶ 6} 2) Plaintiff has suffered damages in the amount of $1,460.94, 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.

{¶ 7} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith;

{¶ 8} IT IS ORDERED THAT:

{¶ 9} 1) Plaintiff's claim is GRANTED and judgment is rendered in favor of the plaintiff;

{¶ 10} 2) Defendant (Ohio State Highway Patrol) pay plaintiff (Mohican Valley Towing) $1,485.94 and such interest as is allowed by law;

{¶ 11} 3) The court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk