Chien v. Ohio Dept. of Transp.

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[Cite as Chien v. Ohio Dept. of Transp., 2005-Ohio-4226.] IN THE COURT OF CLAIMS OF OHIO HAO-CHENG CHIEN : Plaintiff : v. : CASE NO. 2005-06660-AD : ENTRY OF DISMISSAL OHIO DEPARMENT OF TRANSPORTATION : Defendant : : : : : : : : : : : : : : : : : {¶ 1} On July 5, 2005, defendant filed a motion to dismiss, stating this claim was paid by Sandusky Bay Construction Company. On June 29, 2005, plaintiff signed a settlement release as a full and final release of the claim against defendant. On July 12, 2005, plaintiff notified the court this case has reached its conclusion. 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 Entry cc: Hao-Cheng Chien Plaintiff, Pro se Case No. 2005-06660-AD -2- ENTRY 4929 Woodland Lane Sylvania, Ohio 43560-3041 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 7/19 Filed 7/28/05 Sent to S.C. reporter 8/11/05 For Defendant

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