O'Shea v. Ohio Dept. of Transp.
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[Cite as O'Shea v. Ohio Dept. of Transp., 2007-Ohio-6953.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us BRIDGET M. O SHEA Case No. 2007-03595-AD Plaintiff Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION Defendant {ΒΆ1} On June 22, 2007, defendant filed a motion to dismiss, stating this claim was paid by Shelly & Sands, Inc. On June 5, 2007, check nos. 1660209431 and 1660209995 in the total amount of $988.08, were 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. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Bridget M. O Shea 3208 Kaylyn Lane Hilliard, Ohio 43026 Thomas P. Pannett Assistant Legal Counsel Department of Transportation 1980 West Broad Street Case No. 2007-03595-AD -2- ENTRY Columbus, Ohio 43223 DRB/laa 9/11 Filed 9/21/07 Sent to S.C. reporter 12/21/07
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