BROWN v. DEPT. OF TRANSP., 2008-05109-AD (8-12-2008)

2008-Ohio-5786

RANDY A. BROWN, Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION, Defendant.

No. 2008-05109-AD.Court of Claims of Ohio.
August 12, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Randy A. Brown, Kettering, Ohio.

Thomas P. Pannett, Department of Transportation, Columbus, Ohio.

ENTRY OF DISMISSAL {¶ 1} On June 13, 2008, defendant filed a motion to dismiss, stating this claim was paid by The Ruhlin Company. On June 11, 2008, check no. 38004, in the amount of $546.77, 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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