[Cite as Volk v. Ohio Bur. of Motor Vehicles, 2011-Ohio-5128.]

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

CHRISTOPHER D. VOLK 

 Plaintiff 

 v. 

OHIO BUREAU OF MOTOR VEHICLES 

 Defendant 

Case No. 2011-06196-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

{¶1} On January 23, 2011, plaintiff, Christopher Volk, was issued a citation for 

“failure to reinstate” by an officer of the Norton Police Department. The citation listed 

plaintiff‘s failure to follow the reinstatement procedures as the reason for the license 

suspension. The officer apparently checked plaintiff’s driver’s license status and 

communicated to him that it was listed by defendant, Bureau of Motor Vehicles (BMV), 

as suspended. Plaintiff’s vehicle was towed and impounded. Plaintiff was ordered to 

personally appear in the Barberton Municipal Court on January 26, 2011. According to 

plaintiff, “I was found wrongfully charged, due to the BMV not having updated my 

records that I had a valid driver’s license at the time I was towed.” 

{¶2} Plaintiff related that on December 29, 2010 he had paid his fines for an 

earlier offense and he had paid the corresponding reinstatement fee on December 30, 

2010. On January 25, 2011, he paid another $25.00 reinstatement fee and towing 

charges in order to regain possession of his vehicle. Consequently, plaintiff filed this 

complaint seeking to recover $196.41, for reimbursement of towing and duplicate 

reinstatement fees. The filing fee was paid. 
{¶3} Defendant denied liability and stated that it listed plaintiff’s license as 

suspended in response to a forfeiture entry sent to BMV by the Akron Municipal Court 

on January 8, 2011. Defendant asserted that the forfeiture is posted upon receipt of 

such notice from the court. Defendant explained that “[a] suspension letter is 

automatically generated after the forfeiture is posted” and BMV sent plaintiff a letter on 

January 12, 2011, notifying him that his driving privileges were suspended and that a 

reinstatement fee had been imposed. Defendant further explained BMV acted upon 

information supplied by the Akron Municipal Court. 

{¶4} Considering the information available to defendant, insufficient evidence 

has been offered to show that BMV acted improperly in listing plaintiff's license as 

suspended. Resulting monetary damages are recoverable when plaintiff proves, by a 

preponderance of the evidence, defendant erroneously records driver's license 

information. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Serbanescu v. 

Bureau of Motor Vehicles (1994), 93-15038-AD; Black v. Bureau of Motor Vehicles 

(1996), 95-01441-AD. In the instant action, plaintiff has failed to prove that defendant 

erroneously recorded his driver's license status. This court has previously held BMV 

may not bear liability for damages proximately caused from suspending a driver's 

license in reliance upon erroneous information supplied by a municipal court. Sullivan 

v. Bureau of Motor Vehicles, 2006-04393-AD, 2007-Ohio-1267. Defendant's records 

were accurate under the circumstances when plaintiff's cause of action accrued. Elliott 

v. Bureau of Motor Vehicles (2001), 2001-02104-AD, jud. 
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 

CHRISTOPHER D. VOLK 

 Plaintiff 

 v. 

OHIO BUREAU OF MOTOR VEHICLES 

 Defendant 

Case No. 2011-06196-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 defendant. Court costs are assessed against plaintiff. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Christopher D. Volk Anne P. Vitale, Associate Legal Counsel 

2026 Coon Road Dept. of Public Safety-Legal Services 

Copley, Ohio 44321 1970 West Broad Street 

 P.O. Box 182081 

 Columbus, Ohio 43218-2081 

SJM/laa 

6/17 

Filed 6/27/11 
Sent to S.C. reporter 10/4/11