Case No. 2003-03728-AD.Court of Claims of Ohio.
June 18, 2003.
Tracey Peterman, Pro se, for plaintiff.
Thomas P. Pannett, P.E., Assistant Legal Counsel, Ohio Department of Transportation, for defendant.
ENTRY
DANIEL R. BORCHERT, Deputy Clerk.
{¶ 1} On April 29, 2003, defendant filed a motion to dismiss, stating this claim was paid by Erie Insurance Company. On April 18, 2003, warrant no. 06285783 in the amount of $500.00 was sent to plaintiff as a full and final 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 is GRANTED and plaintiff’s case is DISMISSED. The court shall absorb the court costs for this claim in excess of the filing fee. The clerk shall serve upon all parties notice of this entry and its date of entry upon the journal.