[Cite as Markiewicz v. Ohio Dept. of Transp., 2009-Ohio-3039.]
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
SCOTT MARKIEWICZ
Case No. 2009-01425-AD
Plaintiff
Deputy Clerk Daniel R. Borchert
v.
ENTRY OF DISMISSAL
OHIO DEPT. OF TRANSPORTATION
{¶ 1} On March 4, 2009, defendant filed a motion to dismiss, stating this claim
was paid by Karvo Paving Company. On January 19, 2009, check no. 078071 in the
amount of $542.24, 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
cc:
Scott Markiewicz
3430 Brookdale Avenue
Parma, Ohio 44134
DRB/laa
Thomas P. Pannett, P.E.
Assistant Legal Counsel
Department of Transportation
1980 West Broad Street
Columbus, Ohio 43223
Case No.2009-01425-AD
3/18
Filed 3/26/09
Sent to S.C. reporter 6/19/09
-2-
ENTRY
