Crutchfield v. Ohio Dept. of Transp.

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[Cite as Crutchfield v. Ohio Dept. of Transp., 2005-Ohio-3217.] IN THE COURT OF CLAIMS OF OHIO KARLA C. CRUTCHFIELD : Plaintiff : v. : CASE NO. 2005-01889-AD : ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 4 : Defendant : : : : : : : : : : : : : : : : : {ΒΆ 1} On April 7, 2005, defendant filed a motion to dismiss, stating this claim was settled by the defendant s contractor, The Velotta Company. insurance company of Defendant provided a copy of an e-mail from Robert Beckett of the Cincinnati Insurance Company stating plaintiff s claim had been resolved. not responded to defendant s motion to dismiss. pertinent part states: Plaintiff has R.C. 2743.02(D) in 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 to dismiss is GRANTED and plaintiff s case is DISMISSED. The court shall absorb the court costs of 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. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Case No. 2005-01889-AD -2- ENTRY Karla C. Crutchfield 3409 Stroup Road Rootstown, Ohio 44272 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 5/24 Filed 6/1/05 Sent to S.C. reporter 6/24/05

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