BASCO v. DEPT. OF TRANSP., 2007-05652-AD (9-13-2007)

2007-Ohio-6395

Douglas E. Basco, Plaintiff v. Ohio Department Of Transportation, Defendant.

No. 2007-05652-AD.Court of Claims of Ohio.
September 13, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

ENTRY OF DISMISSAL {¶ 1} On August 8, 2007, defendant filed a motion to dismiss, stating this claim was paid by Karvo Paving Company. On August 6, 2007, check no. 070723 in the amount of $1,043.04, 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.

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