Darling v. Ohio Dept. of Transp.

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[Cite as Darling v. Ohio Dept. of Transp., 2005-Ohio-5414.] IN THE COURT OF CLAIMS OF OHIO JOSEPH DARLING : Plaintiff : v. : CASE NO. 2005-07861-AD : ENTRY OF DISMISSAL DEPARTMENT OF TRANSPORTATION Defendant : : : : : : : : : : : : : : : : : : {¶ 1} On August 5, 2005, defendant filed a motion to dismiss, stating this claim was paid by the insurance carrier of Mike Pusateri Excavating, Inc. On August 2, 2005, check no. 22966 in the amount of $281.86, 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. 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 Case No. 2005-07861-AD -2- ENTRY Entry cc: Joseph Darling 12014 St. Hwy. 164 Amsterdam, Ohio 43903 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 9/9 Filed 9/21/05 Sent to S.C. reporter 10/11/05

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