2. Plaintiff's Exhibit #3: Administrative Remedy Procedure form, dated 12/3/05
3. Plaintiff's Exhibit #4: DC-160 dated 2/12/06
4. Defendant's Exhibit #1: DC-160s dated 1/16/05, 2/23/05 and 3/15/05
2. Defendant's agents, Officers Mouzon and Coris both signed a DC-160 Form indicating the items removed from the cell.
3. At the hearing, plaintiff alleged the loss of the following items as a result of their removal from his cell: (1) pack of playing cards; (2) assorted magazines and books; (3) hygiene products; (4), radio and head phones; (5) assorted photos of women; (6) one pair of Converse shoes; (7) family photos; (8) one Casio watch; and (9) one gold wedding band.
4. Subsequent to the removal of plaintiff's belongings, defendant conducted an investigation regarding the missing property. As of this time, defendant has not been able to recover any of the items. *Page 3
5. Many of the missing items cannot be assessed with a monetary value. Plaintiff testified that he received the missing books and magazines in accordance to policy regarding exchanging such items; however, policy also prohibits placing value in trade or money for such items. The gold wedding ring and watch are valued at $150.00. The remaining items, including stamps, are valued at $50.00. Accordingly, the Full Commission's accounting of the value of the missing items equals $200.00.
2. Defendant's personnel were under a duty to exercise reasonable care to safeguard plaintiff's personal property while placed in storage under defendant's control to ensure that it was not lost.
3. Defendant's personnel breached their duty to of reasonable care by losing plaintiff's personal property. *Page 4
4. As an actual and proximate result of Defendant's personnel's breach of their duty of reasonable care, plaintiff suffered damages in the amount of $200.00 which the Full Commission has determined to be the value of his lost property.
5. Having shown that he was damaged by the negligence of Defendant's personnel, plaintiff is entitled to compensation under the Tort Claims Act. N.C. Gen. Stat. § 143-291.
2. No costs are taxed as plaintiff was permitted to file this actionin forma pauperis.
This the ___ day of April, 2009.
S/___________________ BERNADINE S. BALLANCE COMMISSIONER
CONCURRING:
S/___________________ DIANNE C. SELLERS COMMISSIONER
S/___________________ STACI T. MEYER COMMISSIONER *Page 1