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Starks v. Toledo Correctional Institution11/5/2004
aimed speech disorder, and presumed fear response whenever he is given a direct order by a corrections officer. The court recognizes plaintiff may offer subjective narrative statements concerning his perceived damages. However, the trier of fact is free to believe all, part, or none of the narrative presented. Rogers v. Hill (1998), 124 Ohio App. 3d 468.
{ } The documented evidence shows plaintiff suffered a lacerated lip .5 centimeters in length and .3 centimeters in depth. The affected area was not swollen. Plaintiff's injury was minor. Consequently, damages for this inconsiderable injury shall be determined accordingly. The trier of fact does not believe plaintiff experienced any damages beyond minor discomfort and he has failed to prove he suffered any permanent damages or damages lasting for any significant time past the initial trauma.
{ } The assessment of damages is a matter within the province of the trier of fact. Litchfield v. Morris (1985), 25 Ohio App. 3d 42. Where the existence of damage is established, the evidence need only tend to show the basis for the computation of damages to a fair degree of probability. Brewer v. Brothers (1992), 82 Ohio App. 3d 148. Only 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. Evidence has shown plaintiff suffered damages for pain and suffering resulting from his minor injury . The damages proven amount to $25.00 for the personal injury involved, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19.
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 $50.00, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
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