YATES v. OHIO DEPT. OF TRANSP., Unpublished Decision (1-12-2007)

2007-Ohio-650

SEAN C. YATES, Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 12, Defendant.

No. 2006-05454-AD.Court of Claims of Ohio.
Filed January 12, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

ENTRY OF DISMISSAL {¶ 1} On December 7, 2006, defendant filed a motion to dismiss, stating this claim was paid by Kenmore Construction. On November 29, 2006, plaintiff signed a full and final release of the claim against defendant in consideration for $698.34. 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. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal.

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