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JOSEPH WITTE Plaintiff v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant

Judge Patrick M. McGrath

ENTRY CONFIRMING ADMINISTRATIVE DETERMINATION

{¶1} This cause came to be heard upon plaintiff's August 29, 2016 motion for court review pursuant to R.C. 2743.10(D). Defendant, Ohio Department of Rehabilitation and Correction (ODRC), did not file a response. Upon review of the record, the court finds that there is no substantial error in the clerk's determination. See C.C.R. 6(H)(6).

{¶2} Plaintiff argues in his motion for court review that he should be awarded $9,000.00 for his injuries resulting from a dog bite, not $4,000.00 that the clerk awarded. A review of the administrative determination reveals that the clerk did a thorough review of this court's case law with regard to damages related to dog bites, and $4,000.00 in damages is appropriate in this case. The court agrees with the clerk that plaintiff did not provide sufficient evidence to establish that he sustained nerve and cartilage damage.

{¶3} Accordingly, the August 12, 2016 administrative determination granting plaintiff's claim is confirmed and judgment is so entered. Pursuant to R.C. 2743.10(D), no further appeal may be taken from this judgment. Court costs are assessed against defendant.

/s/_________


PATRICK M. MCGRATH


Judge Filed 10/7/16
Sent to S.C. Reporter 5/17/17

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Witte v. Ohio Dep't of Rehab. & Corr.
(Oct 7, 2016)