Fox v. Ohio Dept. of Transp.

[Cite as Fox v. Ohio Dept. of Transp., 2011-Ohio-1765.]
Court of Claims of Ohio
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
614.387.9800 or 1.800.824.8263
www.cco.state.oh.us
BONNIE FOX Case No. 2010-10645-AD
Plaintiff Deputy Clerk Daniel R. Borchert
v. ENTRY OF DISMISSAL
OHIO DEPARTMENT OF
TRANSPORTATION
{¶ 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.
________________________________
DANIEL R. BORCHERT
Deputy Clerk
cc:
Bonnie Fox Chester T. Lyman, Jr.
1121 Brice Road Assistant Legal Counsel
Reynoldsburg, Ohio 43068 Department of Transportation
1980 West Broad Street
DRB/laa Columbus, Ohio 43223
Filed 1/26/11
Sent to S.C. reporter 4/8/11