Opinion
2019-00942AD
06-04-2020
STEPHEN SHELLEY Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
MEMORANDUM DECISION
{¶1} Stephen Shelley ("plaintiff) filed this claim against the Ohio Department of Transportation ("ODOT"), to recover damages which occurred when his 2010 Cadillac CTS was struck by a large piece of concrete, which he asserted fell from the Gemini Parkway overpass, on August 1, 2019, while he was traveling on Interstate Route ("IR") 71 North in Franklin County, Ohio. This road is a public road maintained by ODOT. Plaintiff claims damages in the amount of $5,000.00 for loss of income and loss of use of his vehicle. Plaintiff submitted the $25.00 filing fee.
{¶2} Defendant submitted an Investigation Report admitting liability but requesting that they only be held liable for $3,515.17, which represents the average income for the one and a half months that plaintiff was unable to use his car.
{¶3} Plaintiff has the burden of proving damages. Mann v. Department of Rehabilitation and Correction, 2018-01209-AD, 2018-Ohio-1912 affd jud, citing Wills v. Wildermuth, 10th Dist. No. 98AP-400 (November 19, 1988). Here, plaintiff provided his income for the months of May, June, and July 2019, the three months prior to the incident. Based on the income for those months, the average monthly income for plaintiff was $2,343.45. Plaintiff was unable to use his car for one and a half months, making his total loss of income $3,515.17. Plaintiff failed to prove any other compensable damages such as loss of use.
ENTRY OF ADMINISTRATIVE DETERMINATION
{¶4} Therefore, judgment is rendered in favor of plaintiff in the amount of $3,515.17, 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).
{¶5} The court finds pursuant to section (F) of the Chief Justice's tolling entry of March 27, 2020, that filing a Motion for Court Review or waiver "requires immediate attention." Accordingly, within thirty (30) days, either party may file a Motion for Court Review or a waiver. Failure to comply will result in the decision rendered being final.
{¶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 $3,540.17, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.