Luta v. Ohio Dept. of Transp.

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[Cite as Luta v. Ohio Dept. of Transp., 2005-Ohio-1073.] IN THE COURT OF CLAIMS OF OHIO GARY LUTA : Plaintiff : v. : CASE NO. 2004-10396-AD : ENTRY OF DISMISSAL OHIO DEPT. OF TRANSPORTATION Defendant : : : : : : : : : : : : : : : : : : {¶ 1} On January 19, 2005, defendant filed a motion to dismiss, stating this claim was paid by The Velotta Company. On December 20, 2004, a release was signed by plaintiff for payment of $892.52 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 Case No. 2004-10396-AD -2- ENTRY Entry cc: Gary Luta 7264 Bear Swamp Road Wadsworth, Ohio 44281 Plaintiff, Pro se Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 For Defendant DRB/laa 2/7 Filed 2/11/05 Sent to S.C. reporter 3/11/05

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