Rodriguez v. State Hwy. Patrol

[Cite as Rodriguez v. State Hwy. Patrol, 2011-Ohio-1948.]
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
ARSENIO RODRIGUEZ
Plaintiff
v.
Case No. 2010-08837-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF DISMISSAL STATE HIGHWAY PATROL
{¶ 1} On September 3, 2010, defendant filed a motion to dismiss, stating this
claim was paid by Ohio Department of Administrative Services. On July 28, 2010,
check no. 14737124 in the amount of $125.96, 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.
________________________________
DANIEL R. BORCHERT
Deputy Clerk
cc:
Arsenio Rodriguez Bridget Coontz
12717 Matherson Avenue Assistant Attorney General
Cleveland, Ohio 44135 Counsel, Ohio Highway Patrol
Case No.2010-08837-AD -2- ENTRY
1970 West Broad Street
Columbus, Ohio 43223
DRB/laa
FILED 1/28/111
Sent to S.C. reporter 4/15/11