Opinion

Dowery v. Lorain Correctional Inst.

  • 2011 Ohio 3149
Court
Ohio Court of Claims
Filed
Jun 6, 2011
Status
Published
On the bench
Weaver
Cited by
0 cases

The opinion

[Cite as Dowery v. Lorain Correctional Inst., 2011-Ohio-3149.]

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

MR. ANTHONY DOWERY

Plaintiff

v.

LORAIN CORRECTIONAL INSTITUTION

Defendant

Case No. 2010-01310

Judge Clark B. Weaver Sr.

Magistrate Matthew C. Rambo

JUDGMENT ENTRY

{¶ 1} On April 8, 2011, the magistrate issued a decision recommending

judgment for defendant.

{¶ 2} Civ.R. 53(D)(3)(b)(i) states, in part: “A party may file written objections to a

magistrate’s decision within fourteen days of the filing of the decision, whether or not the

court has adopted the decision during that fourteen-day period as permitted by Civ.R.

53(D)(4)(e)(i).” On April 21, 2011, plaintiff filed his objection.1 On April 25, 2011,

defendant filed a response.

{¶ 3} The magistrate found that on April 1, 2008, plaintiff was to be released

from the custody and control of defendant. The process required plaintiff to be

transported by van to the front of defendant’s main building where he was to be met by

members of his family. As he exited the van, plaintiff fell to the ground and was injured.

The magistrate determined that plaintiff’s failure to exercise reasonable care for his own

1

Th

e court construes plaintiff’s April 21, 2011 “motion in opposition to magistrate decision pursuant to Civ.R.

Case No. 2010-01310 -2- JUDGMENT ENTRY

safety while exiting the van was the sole proximate cause of his injuries.

{¶ 4} Plaintiff’s objection challenges several factual findings made by the

magistrate. Plaintiff, however, failed to support his objection with a transcript of the

proceedings. Civ.R. 53(D)(3)(b)(iii) states that “[a]n objection to a factual finding,

whether or not specifically designated as a finding of fact under Civ.R. 53(D)(3)(a)(ii),

shall be supported by a transcript of all the evidence submitted to the magistrate

relevant to that finding or an affidavit of that evidence if a transcript is not available.”

Accordingly, plaintiff’s objection shall be overruled. Furthermore, to the extent that

plaintiff’s objection asserts that the magistrate’s decision is not supported by the weight

of the evidence, the court finds that the factual findings contained in the magistrate’s

decision support the magistrate’s legal conclusions.

{¶ 5} Upon review of the record, the magistrate’s decision and the objection, the

court finds that the magistrate has properly determined the factual issues and

appropriately applied the law. Therefore, the objection is OVERRULED and the court

adopts the magistrate’s decision and recommendation as its own, including findings of

fact and conclusions of law contained therein. Judgment is rendered in favor of

defendant. Court costs are assessed against plaintiff. The clerk shall serve upon all

parties notice of this judgment and its date of entry upon the journal.

_____________________________________

CLARK B. WEAVER SR.

Judge

cc:

53(D)(4)(e)(i)” as an objection to the magistrate’s decision.

Case No. 2010-01310 -3- JUDGMENT ENTRY

Amy S. Brown Mr. Anthony Dowery, #560-580

Assistant Attorney General 940 Williamsport Road

150 East Gay Street, 18th Floor Marion, Ohio 43301

Columbus, Ohio 43215-3130

GWP/dms

Filed June 6, 2011

To S.C. reporter June 22, 2011

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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