Opinion
2020-00315AD
10-20-2020
RAYMOND PIERCE Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
Sent to S.C. Reporter 10/21/21
MEMORANDUM DECISION
{¶1} Raymond Pierce ("plaintiff”) filed this claim against the Ohio Department of Transportation ("ODOT"), to recover damages which occurred when his 2017 Chevrolet Silverado struck a piece of concrete on April 29, 2020, while he was traveling on Interstate Route ("IR") 480 West in Ohio. This road is a public road maintained by ODOT. Plaintiff claims damages in the amount of $3,418.51; $3,040.10 for damage to his vehicle, $213.09 for a rental car, and $165.32 for towing. Plaintiff submitted the $25.00 filing fee.
{¶2} ODOT submitted an Investigation Report and Motion to reduce prayer amount stating that it is willing to settle this claim for the cost of the vehicle repair but that it is not willing to pay for the towing and rental car expenses.
{¶3} Plaintiff did not submit a response to defendant's Investigation Report.
{¶4} ODOT has admitted liability for the damages caused to plaintiff's vehicle. Billups v. Department of Rehabilitation and Correction, 2000-10634-AD, jud. (2001). While defendant denies liability for the towing expense, this court has found towing expenses to be a compensable expense. Chandler v. Ohio Department of Transportation, Ct. of Cl. No. 2011-09471-AD, 2011-Ohio-1024; Boiano v. Ohio Department of Transportation, Ct. of Cl. No. 2010-02880-AD, 2010-Ohio-4791; and Foster v. Ohio Department of Transportation, Ct. of Cl. No. 2010-05374-AD, 2010-Ohio-4798.
ENTRY OF ADMINISTRATIVE DETERMINATION
This court has also found car rental expenses to be a compensable expense. Evanoski v. Ohio Department of Transportation, 2009-04998-AD, 2009-Ohio-7094.
{¶5} Therefore, judgment is rendered in favor of plaintiff in the amount of $3,418.51, plus $25.00 for reimbursement of the filing fee pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction, 62 Ohio Misc.2d 19, 587 N.E.2d 990 (Ct. of Cl. 1990).
{¶6} 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 the plaintiff in the amount of $3,443.51, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.