Payne v. Ohio Dept. of Rehab. & Corr.

Citations

• 2017 Ohio 7155

Syllabus

Negligence- Plaintiff, an inmate in defendant's custody, fell from a truck while loading it after a corrections officer drove the truck away. After a damages trial, the magistrate found the evidence did not substantiate plaintiff's claim of significant damages. Plaintiff failed to present expert testimony and relayed mostly subjective symptoms which were consistent with pre-existing degenerative disc disease. The magistrate found that plaintiff suffered a significant soft tissue injury from which, evidence indicated, plaintiff substantially recovered. Evidence also indicated that plaintiff exaggerated his symptoms over the long term. Plaintiff failed to prove entitlement to lost wages or medical expenses. The magistrate recommended an award of damages for past pain and suffering.