[Cite as Brigner v. Pickaway Correctional Inst., 2010-Ohio-6687.]

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

STEVEN BRIGNER 

 Plaintiff 

 v. 

PICKAWAY CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2010-07911-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, Steven Brigner, an inmate formerly incarcerated at 

defendant, Pickaway Correctional Institution (PCI), filed this action alleging several 

items of his personal property were lost on or about December 28, 2008 as a proximate 

cause of negligence on the part of PCI staff in handling his property. Plaintiff asserted 

his beard trimmers, valued at $23.74; headphones, valued at $18.73; blanket, valued at 

$25.00; eighteen compact discs, valued at $216.00; and compact disc carrying case, 

valued at $15.00 were lost by PCI staff. Plaintiff requested damages totaling $288.47. 

Plaintiff did not provided any evidence other than his own assertions to establish the 

value of his lost property. Payment of the filing fee was waived. 

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

plaintiff’s beard trimmers, headphones, blanket, compact disc carrying case, and eight 

compact discs. Defendant contended plaintiff’s damage recovery should be limited to 

$199.00. 
{¶ 3} 3) Plaintiff filed a response requesting he receive damage recovery in 

the amount of $288.47. Plaintiff did not submit any evidence to support the amount of 

his damage request. Plaintiff did not submit any evidence to show he purchased all 

property items claimed. 

 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 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; Mussivand v. David

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

{¶ 6} 3) Although not strictly responsible for a prisoner’s property, defendant 

had at least the duty of using the same degree of care as it would use with its own 

property. Henderson v. Southern Ohio Correctional Facility (1979), 76-0356-AD. 

{¶ 7} 4) 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. 

{¶ 8} 5) 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. 

{¶ 9} 6) 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. 

{¶ 10} 7) 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. 

{¶ 11} 8) 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. 

{¶ 12} 9) Plaintiff has suffered damages in the amount of $199.00. 

 

 

 

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 

STEVEN BRIGNER 

 Plaintiff 

 v. 

PICKAWAY CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2010-07911-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 $199.00. Court costs are assessed against defendant. 

 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Steven Brigner, #475-073 Gregory C. Trout, Chief Counsel 

P.O. Box 45699 Department of Rehabilitation 

Lucasville, Ohio 45699 and Correction 

 770 West Broad Street 

 Columbus, Ohio 43222 

 

RDK/laa 

12/6 

Filed 12/29/10 

Sent to S.C. reporter 2/25/11