2006-Ohio-7142
No. 2005-10128-AD.Court of Claims of Ohio.
March 17, 2006.
Johnna Brown, Salineville, Ohio, Plaintiff, Pro se.
Thomas P. Pannett, P.E., Assistant Legal Counsel, Department of Transportation, Columbus, Ohio, For Defendant.
ENTRY OF DISMISSAL {¶ 1} On January 13, 2006, defendant filed a motion to dismiss, stating this claim was paid by defendant’s contractor, Stanley Miller Construction Co. On December 29, 2005, check number 136201 in the amount of $396.82 was sent to plaintiff as a full and final release of the claim against defendant. Plaintiff signed a letter dated January 30, 2005, accepting this money as a release of the claim against defendant. Plaintiff has not responded to defendant’s motion to dismiss. R.C. 2743.02(D) in pertinent part states: “Recoveries against the state shall be reduced by the aggregate of insurance proceeds, disability award, or other collateral recovery received by the claimant.” Upon review, the court finds that the money received by plaintiff is a recovery from a collateral source. Accordingly, defendant’s motion to dismiss is GRANTED and plaintiff’s case is DISMISSED. The court shall absorb the court costs for this claim. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal.
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