[Cite as Gibson v. State Hwy. Patrol, 2010-Ohio-3642.]
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
STEPHEN D. GIBSON
Plaintiff
v.
STATE HIGHWAY PATROL
Defendant
Case No. 2010-01662-AD
Clerk Miles C. Durfey
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Stephen D. Gibson, filed this complaint against defendant,
Ohio State Highway Patrol (OSHP), alleging that the negligent act of OSHP personnel
caused damage to the tires on his 2003 GMC Envoy on January 3, 2010. Plaintiff
seeks damages in the amount of $682.90. The $25.00 filing fee was paid and plaintiff
requested reimbursement of that cost along with his damage claim.
{¶ 2} 2) Defendant filed an investigation report admitting liability for
plaintiff’s loss and acknowledging the damage amount claimed.
{¶ 3} 3) On March 1, 2010, plaintiff submitted a response expressing his
agreement with the investigation report.
CONCLUSIONS OF LAW
{¶ 4} 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; Hutchison v. State Highway Patrol, Ct. of Cl.
No. 2008-06318-AD, 2008-Ohio-5627; Kovacik v. Ohio State Hwy. Patrol, Ct. of Cl. No.
2008-09619-AD, 2009-Ohio-1592.
{¶ 5} 2) Plaintiff has suffered damages in the amount of $682.90, 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
STEPHEN D. GIBSON
Plaintiff
v.
STATE HIGHWAY PATROL
Defendant
Case No. 2010-01662-AD
Clerk Miles C. Durfey
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 $707.90, which includes the filing fee. Court costs are
assessed against defendant.
MILES C. DURFEY
Clerk
Entry cc:
Stephen D. Gibson Colonel David Dicken
542 W. Main Street Ohio State Highway Patrol
Deshler, Ohio 43516 P.O. Box 182074
Columbus, Ohio 43218-2074
RDK/laa
2/26
Filed 3/25/10
Sent to S.C. reporter 8/6/10