Posted on January 9, 2025 by Barry Zalma
Post 4967
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Kaliah Haskett was convicted of criminal damaging. Haskett pleaded guilty and the trial court ordered her to pay more than $3,000 in restitution for repairs to the vehicle, including replacing the vehicle’s bumper.
In State Of Ohio v. Kaliah Haskett, 2024-Ohio-5933, Appeal No. C-240242, Court of Appeals of Ohio (December 20, 2024) found that Haskett was required to pay restitution for her crime.
Factual And Procedural History
Haskett “rip[ed] off the fuel cap of the [complaining witness’s] van and kick[ed] the rear lift gate in a fit of rage causing a significant dent.” Haskett pleaded guilty to the offense.
Restitution Hearing And Sentencing
P.W., the complaining witness received a $3,323.96 estimate for the repairs.
The trial court stated that because P.W. had not received an insurance payment, she was not required to submit an insurance claim and could recover the full value of the estimate.
The trial court awarded P.W. $3,323.96 in restitution and sentenced Haskett to 90 days in jail with 90 days suspended and two years of community control.
ANALYSIS
Restitution is limited to the actual loss caused by the defendant’s criminal conduct.
Ohio courts conclude that if the victim has insurance that reimbursed her for part or all of the loss that occurred as a result of the offender’s criminal conduct, the victim has not suffered an economic loss for the purposes of imposing restitution.
At the time of the restitution hearing, P.W.’s “economic loss” was $3,323.96.
Haskett’s guilty plea was not an admission that Haskett caused whatever damages P.W. claimed at the restitution hearing.
ZALMA OPINION
Although only $3,323.96 was involved between the defendant and the victim this case is important to the insurance industry. If the victim had made a claim to her insurer and been paid she would get a windfall if she received full restitution and the insurance proceeds. The defendants obligation to pay restitution would not be eliminated since, by its right of subrogation, the insurer would step in the shoes of its insured as a victim of the crime and be entitled to restitution in accordance with state law. If the insurers rights were ignored the criminal defendant would profit from the crime. Every insurer that paid indemnity to its insured because of the acts of a convicted defendant the insurer must, as a victim of the crime, demand restitution.
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