Molecke v. Ohio Dept. of Transp.
Annotate this Case
Download PDF
[Cite as Molecke v. Ohio Dept. of Transp., 2010-Ohio-3633.] 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 MELVYN L. MOLECKE Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant Case No. 2009-06044-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Melvyn L. Molecke, filed this action against defendant, Department of Transportation (ODOT), alleging his 2008 Cadillac DTS was damaged as a proximate cause of negligence on the part of ODOT in maintaining a roadway construction area on Interstate 271 on June 3, 2009. Plaintiff requested damages in the amount of $278.89, the cost of automotive repair he incurred. {¶ 2} 2) Defendant filed an investigation report requesting plaintiff s claim be dismissed, advising that the claim was paid and settled by ODOT contractor, Karvo Paving Company. On August 24, 2009, check no. 080543 in the amount of $278.89, was sent to plaintiff as a full and final release of the claim against defendant. Plaintiff also executed a Release of All Claims document (copy submitted). CONCLUSIONS OF LAW {¶ 3} 1) 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. 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 MELVYN L. MOLECKE Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant Case No. 2009-06044-AD Deputy Clerk Daniel R. Borchert ENTRY OF ADMINISTRATIVE DETERMINATION Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, plaintiff s claim is DISMISSED with prejudice. The court shall absorb the court costs for this claim in excess of the filing fee. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Melvyn L. Molecke Jolene M. Molitoris, Director 958 Belwood Drive Highland Heights, Ohio 44143 RDK/laa 3/18 Filed 3/25/10 Sent to S.C. reporter 8/6/10 Department of Transportation 1980 West Broad Street Columbus, Ohio 43223
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
