Quigley v. Ohio Dept. of Transp.

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[Cite as Quigley v. Ohio Dept. of Transp., 2005-Ohio-2036.] IN THE COURT OF CLAIMS OF OHIO KEVIN QUIGLEY : Plaintiff : v. : : ENTRY OF DISMISSAL OHIO DEPT. OF TRANSPORTATION CASE NO. 2004-10132-AD Defendant : ::::::::::::::::: {¶1} On November 8, 2004, plaintiff filed a complaint against defendant, Department of Transportation. September 4, 2004, defendant s Plaintiff alleges on contractor, Griffin Pavement, sprayed paint on his vehicle while conducting a line painting operation. {¶2} On February 3, 2005, plaintiff submitted a letter stating he wishes to dismiss his claim because [t]he insurance company for Griffin Pavement has paid me the $500 insurance deductible so I can get the paint off of my truck. {¶3} 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, plaintiff s letter voluntary dismissal and is GRANTED. is considered a motion for Plaintiff s case is DISMISSED. The court shall absorb the court costs for this claim in excess of the filing fee. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. [Cite as Quigley v. Ohio Dept. of Transp., 2005-Ohio-2036.] ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Kevin Quigley 6861 W. Smith Road Medina, Ohio 44256 Ohio Dept. of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 3/23 Filed 4/5/05 Sent to S.C. reporter 4/29/05 Plaintiff, Pro se Defendant

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