Thomas v. Ohio Dept. of Transp.
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[Cite as Thomas v. Ohio Dept. of Transp., 2007-Ohio-5285.] 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 DEBORAH S. THOMAS Plaintiff Case No. 2007-03871-AD Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION Defendant {ΒΆ1} On June 1, 2007, defendant filed a motion to dismiss, stating this claim was paid by Barrett Paving Material, Inc. On May 24, 2007, check no. 029044 in the amount of $287.55, 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. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Deborah S. Thomas 5765 Mt. Vernon Drive Milford, Ohio 45150 DRB/laa 7/10 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 [Cite as Thomas v. Ohio Dept. of Transp., 2007-Ohio-5285.] Filed 8/7/07 Sent to S.C. reporter 10/2/07
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