[Cite as Parmer v. Ohio Dept. of Rehab. & Corr., 2011-Ohio-2888.]

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 

MATTHEW J. PARMER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 

 Defendant 

Case No. 2010-08781-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Matthew J. Parmer, an inmate under the custody of 

defendant, Department of Rehabilitation and Correction (DRC), filed this action 

contending his guitar was damaged while under the control of DRC personnel when his 

property was transported on or about March 5, 2010 from the Marion Correctional 

Institution to the Dayton Correctional Institution. Plaintiff requested damages in the 

amount of $250.00, the stated replacement value of his guitar. The filing fee was paid. 

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

property loss and acknowledging plaintiff suffered damages in the amount of $250.00. 

{¶ 3} 3) Plaintiff filed a response expressing his agreement with defendant’s 

investigation report in regard to damages. Plaintiff also requested reimbursement of the 

$25.00 filing fee cost along with his damage claim. 

CONCLUSIONS OF LAW 

{¶ 4} 1) In order to prevail, plaintiff must prove, by a preponderance of the 

evidence, that defendant owed him a duty, that defendant breached that duty, and that 

defendant’s breach proximately caused his injuries. Armstrong v. Best Buy Company, 
Inc., 99 Ohio St. 3d 79, 2003-Ohio-2573,¶8 citing Menifee v. Ohio Welding Products, 

Inc. (1984), 15 Ohio St. 3d 75, 77, 15 OBR 179, 472 N.E. 2d 707. 

{¶ 5} 2) “Whether a duty is breached and whether the breach proximately 

caused an injury are normally questions of fact, to be decided by . . . the court . . .” 

Pacher v. Invisible Fence of Dayton, 154 Ohio App. 3d 744, 2003-Ohio-5333,¶41, citing 

Miller v. Paulson (1994), 97 Ohio App. 3d 217, 221, 646 N.E. 2d 521; and Mussivand v. 

David (1989), 45 Ohio St. 3d 314, 318, 544 N.E. 2d 265. 

{¶ 6} 3) This court in Mullett v. Department of Correction (1976), 76-0292-

AD, held that defendant does not have the liability of an insurer (i.e., is not liable without 

fault) with respect to inmate property, but that it does have the duty to make “reasonable 

attempts to protect, or recover” such property. 

{¶ 7} 4) Plaintiff must produce evidence which affords a reasonable basis 

for the conclusion defendant’s conduct is more likely than not a substantial factor in 

bringing about the harm. Parks v. Department of Rehabilitation and Correction (1985), 

85-01546-AD. 

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

the issue protecting plaintiff’s property after he was transferred in March 2010. Billups 

v. Department of Rehabilitation and Correction (2001), 2000-10634-AD. Plaintiff has 

offered sufficient proof to establish his property was damaged while under the control of 

defendant’s personnel. Ward v. Ohio Dept. of Rehab. & Corr., Ct. of Cl. No. 2009-

09043-AD, 2010-Ohio-4955. 

{¶ 9} 6) Plaintiff has suffered damages in the amount of $250.00, plus the 

$25.00 filing fee, which may be awarded as costs pursuant to R.C. 2335.19. See 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 
MATTHEW J. PARMER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 

 Defendant 

Case No. 2010-08781-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 $275.00, which includes the filing fee. Court costs are 

assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Matthew J. Parmer, #A557-849 Gregory C. Trout, Chief Counsel 

4104 Germantown Pike Department of Rehabilitation 

Dayton, Ohio 45417 and Correction 

 770 West Broad Street 

 Columbus, Ohio 43222 

RDK/laa 

3/9 

Filed 3/17/11 

Sent to S.C. reporter 6/9/11