2011-Ohio-1765
No. 2010-10645-AD.Court of Claims of Ohio.
Filed January 26, 2011.
ENTRY OF DISMISSAL {¶ 1} On November 22, 2010, defendant filed a motion to dismiss, stating this claim was paid by Lionel Construction Company. On November 18, 2010, check no. 037261 in the amount of $777.52, 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.
cc:
Chester T. Lyman, Jr. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223
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