2007-Ohio-7224
No. 2007-06659-AD.Court of Claims of Ohio.
November 21, 2007.
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ENTRY OF DISMISSAL {¶ 1} On November 1, 2007, defendant filed a motion to dismiss, stating this claim was paid by The Shelly Company. On October 19, 2007, check number 1161097144 in the amount of $1,936.96, 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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