[Cite as Robinson v. Ohio Dept. of Rehab. & Corr., 2010-Ohio-6679.]

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

JAMES ROBINSON 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 

 Defendant 

Case No. 2010-09434-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, James Robinson, an inmate incarcerated at defendant’s 

Mansfield Correctional Institution (ManCI), filed this action contending his CD player 

was broken on January 31, 2010 as a proximate cause of negligence on the part of 

ManCI staff in handling the device. Plaintiff noted his CD player was damaged beyond 

repair when it was dropped by ManCI employee, Officer Aidt during the course of a cell 

search. Plaintiff requested damage recovery in the amount of $75.24, the total 

replacement cost of a new CD player. Plaintiff submitted a receipt showing he 

purchased a Sony CD player on July 17, 2007 for $75.24. The filing fee was paid. 

{¶ 2} 2) Defendant filed an investigation report admitting liability for 

plaintiff’s property damage, but disputing his damage claim. Defendant pointed out the 

CD player was approximately two and a half years old at the time it was damaged and 

should be considered depreciable property. Defendant stated “$25 is appropriate for 

this situation considering the CD player is two and a half years old.” 

{¶ 3} 3) Plaintiff filed a response advising that he would accept damages in 
the amount of $66.48 for the value of the CD player. 

CONCLUSIONS OF LAW 

{¶ 4} 1) Negligence on the part of defendant has been shown in respect to 

the issue of property protection. Billups v. Department of Rehabilitation and Correction

(2001), 2000-10634-AD. 

{¶ 5} 2) The standard measure of damages for personal property loss is 

market value. McDonald v. Ohio State Univ. Veterinary Hosp. (1994), 67 Ohio Misc. 2d 

40, 644 N.E. 2d 750. 

{¶ 6} 3) In a situation where a damage assessment for personal property 

destruction based on market value is essentially indeterminable, a damage 

determination may be based on the standard value of the property to the owner. This 

determination considers such factors as value to the owner, original cost, replacement 

cost, salvage value, and fair market value at the time of the loss. Cooper v. Feeney

(1986), 34 Ohio App. 3d 282, 518 N.E. 2d 46. 

{¶ 7} 4) As trier of fact, this court has the power to award reasonable 

damages based on evidence presented. Sims v. Southern Ohio Correctional Facility

(1988), 61 Ohio Misc. 2d 239, 577 N.E. 2d 160. 

{¶ 8} 5) Damage assessment is a matter within the function of the trier of fact. 

Litchfield v. Morris (1985), 25 Ohio App. 3d 42, 25 OBR 115, 495 N.E. 2d 462. 

Reasonable certainty as to the amount of damages is required, which is that degree of 

certainty of which the nature of the case admits. Bemmes v. Pub. Emp. Retirement 

Sys. Of Ohio (1995), 102 Ohio App. 3d 782, 658 N.E. 2d 31. 

{¶ 9} 6) Plaintiff has suffered damages in the amount of $50.00, plus the 

$25.00 filing fee which may be reimbursed as compensable costs pursuant to R.C. 

2335.19. 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 
JAMES ROBINSON 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 

 Defendant 

Case No. 2010-09434-AD 

Deputy Clerk Daniel R. Borchert 

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 $75.00, which includes the filing fee. Court costs are 

assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

James Robinson, #521-775 Gregory C. Trout, Chief Counsel 

P.O. Box 788 Department of Rehabilitation 

Mansfield, Ohio 44901 and Correction 

 770 West Broad Street 

 Columbus, Ohio 43222 

RDK/laa 

10/14 

Filed 11/15/10 

Sent to S.C. reporter 2/18/11