CHIEN v. DOT, Unpublished Decision (7-28-2005)


2005-Ohio-4226

Hao-Cheng Chien, Plaintiff, v. Ohio Deparment of Transportation, Defendant.

No. 2005-06660-AD.Court of Claims of Ohio.
July 28, 2005.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Hao-Cheng Chien, 4929 Woodland Lane, Sylvania, Ohio 43560-3041, Plaintiff, Pro se.

Thomas P. Pannett, P.E., Assistant Legal Counsel, Department of Transportation, 1980 West Broad Street, Columbus, Ohio 43223, for Defendant.

ENTRY OF DISMISSAL {¶ 1} On July 5, 2005, defendant filed a motion to dismiss, stating this claim was paid by Sandusky Bay Construction Company. On June 29, 2005, plaintiff signed a settlement release as a full and final release of the claim against defendant. On July 12, 2005, plaintiff notified the court this case has reached its conclusion. 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.