Mustin v. Dept. of Rehab. & Corr.

Citations

• 2020 Ohio 4316

Syllabus

Civ.R. 53, negligence, breach, proximate cause, witness credibility, injunctive relief, declaratory relief, money damages, inmate. Plaintiff, an inmate under the custody and control of the defendant, filed an action asserting that defendant was liable to him for negligence based on injuries plaintiff sustained while working in the cafeteria at defendant's Marion Correctional Institution. As a result, the plaintiff sought money damages, declaratory relief, and injunctive relief. The case proceeded to trial before a magistrate. The magistrate recommended judgment in favor of defendant after finding that plaintiff failed to establish that defendant had breached its duty of reasonable care, that plaintiff actually sustained an injury and, even assuming plaintiff sustained an injury, that plaintiff's work duties in the cafeteria proximately caused the alleged injuries. Further, the magistrate found no basis upon which plaintiff was entitled to injunctive or declaratory relief because money damages would be an adequate legal remedy by which plaintiff could recover for his negligence claim.