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

No. 2008-08019.

2010 Ohio 5907

Arturo Lucero, Plaintiff, v. Ohio Department of Rehabilitation and Correction, et al., Defendants.

Court of Claims of Ohio.

Filed November 10, 2010.

Attorney(s) appearing for the Case

Eric A. Walker , Paula Luna Paoletti , Assistant Attorneys General, 150 East Gay Street, 18th Floor, Columbus, Ohio 43215-3130.

Richard F. Swope , 6480 East Main Street, Suite 102, Reynoldsburg, Ohio 43068.

MAGISTRATE DECISION

MATTHEW C. RAMBO, Magistrate.

{¶ 1} Plaintiff brought this action alleging negligence. The issues of liability and damages were bifurcated and the case proceeded to trial on the issue of liability.

{¶ 2} At all times relevant, plaintiff was an inmate in the custody and control of defendants pursuant to R.C. 5120.16. On August 29, 2007, inmate Caldwell approached plaintiff as he sat on his bunk...

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