SHIRLEY v. OHIO DEPT. OF REHAB. & CORR.

No. 93-13736.

75 Ohio Misc.2d 41 (1995)

SHIRLEY v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION.

Court of Claims of Ohio.

Decided December 8, 1995.


Attorney(s) appearing for the Case

James M. Moore, for plaintiff.

Betty D. Montgomery, Attorney General, and Rosa P. Wright, Assistant Attorney General, for defendant.


RUSSELL LEACH, Judge.

The court conducted a trial in this matter at Lebanon Correctional Institution ("LCI"). Plaintiff Gerald Lee Shirley is an inmate in the custody and control of the Department of Rehabilitation and Correction pursuant to R.C. 5120.19. Plaintiff alleges defendant failed to maintain the ceiling in his assigned cell, which defendant denies.

Plaintiff was awakened on the morning of October 22, 1991, when a chunk of concrete struck him on the...

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