State v. Brown, 2011 Ohio 6994

Plea hearing on November 8, 2011; restitution ordered up to $2,443.97, exact amount to be determined.
Defendant Brown drove under the influence and damaged city property (yield sign and stairway railing of Athens).
Parties do not dispute that the offense proximate cause of damage, defendant's ability to pay, or reasonableness of claimed expenses.
Dispute centers on which claimed expenses are includable in restitution; Brown: $516.10 (materials only); State: include labor time, fringe benefits, and a city truck charge.
Court notes no direct controlling authority; analyzes under R.C. 2929.18(A)(1) and the definition of “economic loss” in R.C. 2929.01(M).
Court concludes that fixed overhead costs are not recoverable and that economic loss is the actual loss proximately caused by the offense; materials only.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope of economic loss for restitution	State seeks inclusion of labor time, benefits, and truck usage.	Brown seeks only out-of-pocket materials cost ($516.10).	Economic loss limited to actual loss; overhead not recoverable; materials only.

State v. Pietrangelo, 11th Dist. No. 2003-L-125, 2005-Ohio-1686 (2005-Ohio-1686) (limits on government recovery of costs in restitution)
State v. Wolf, 176 Ohio App.3d 165, 2008-Ohio-1483 (2008-Ohio-1483) (restitution not for ordinary government overhead)
State v. Johnson, 164 Ohio App.3d 792, 2005-Ohio-6826 (2005-Ohio-6826) (restitution not recoverable for investigation costs)
State v. Purnell, 171 Ohio App.3d 446, 2006-Ohio-6160 (2006-Ohio-6160) (proper restitution amount is actual out-of-pocket expenses)
In re Middleton, 2004-Ohio-1884 (2004-Ohio-1884) (proof of actual costs incurred rather than anticipated costs)