RUSSELL LEACH, Judge, Sitting by Assignment.
On February 15, 1991, a deputy clerk of this court issued a decision and order in the above-captioned claim which rendered judgment in favor of the plaintiff, Isabella Head, in the amount of $215. This figure represented compensation for plaintiff's personal injury and pain and suffering resulting from a motor vehicle collision with a truck owned by defendant, and reimbursement for the $15 filing fee paid by plaintiff to commence this action. The deputy clerk denied plaintiff's property damage claim for $455 which related to damage to the automobile involved in the collision with defendant's truck. The deputy clerk's denial of the property damage claim was predicated upon a finding that plaintiff was not the real party in interest in the subject matter of the litigation since there was a lack of sufficient evidence demonstrating that plaintiff owned the damaged automobile.
On March 15, 1991, plaintiff, by and through counsel, filed a pleading with the court designated as a "notice of appeal," which the court construes as a motion for court review pursuant to R.C. 2743.10(D) and C.C.R. 6(H). C.C.R. 6(H)(6) states that the clerk's determination shall be reversed by this court if it is shown that there is substantial error.
In her motion for court review, plaintiff does not dispute the deputy clerk's determination pertaining to her personal injury and pain and suffering. However, plaintiff contends that the determination which found that she was not the real party in interest with respect to the property damage claim was incorrect. In support of her contentions in the motion for court review, plaintiff attached a copy of a duplicate certificate of title for the automobile involved in the collision which indicated that she was the owner of the damaged automobile. This evidence is consistent with the complaint which alleged that the automobile was "owned by claimant" and defendant's report that a "review of the information shows that Ms. Head's vehicle sustained damage in the amount of $455.00." Although the accident report indicated ownership in the name of Barbara A. Jones, the court finds that plaintiff was the real party in interest with respect to the property damage claim.
Therefore, the court finds that plaintiff's motion for court review is well-taken. The deputy clerk's decision relating to plaintiff's claim for property damage is hereby reversed and plaintiff is entitled to compensation in the amount of $455 for the automobile damage claim. The deputy clerk's decision as to all other claims and issues remains in full force and effect.
JUDGMENT ENTRY
The court having considered all the evidence, the deputy clerk's February 15, 1991 decision is affirmed in part and reversed in part. Judgment is rendered for plaintiff in the amount of $670 and such interest as is allowed by law. Court costs are absorbed by the court. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
Decision affirmed in part and reversed in part.
RUSSELL LEACH, J., retired, of the Franklin County Municipal Court, sitting by assignment.