Kubik v. Ohio Dept. of Transp., Dist. 12

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[Cite as Kubik v. Ohio Dept. of Transp., Dist. 12, 2004-Ohio3753.] IN THE COURT OF CLAIMS OF OHIO REBECCA KUBIK : Plaintiff : v. : : OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 12 CASE NO. 2004-04299-AD ENTRY OF DISMISSAL : Defendant ::::::::::::::::: {¶1} On May 19, 2004, defendant filed a motion to dismiss, stating this claim was settled on May 14, 2004, by St. Paul Travelers on behalf of defendant s contractor, Keffler Bridge Company and the plaintiff, in the amount of $267.02 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 settlement received by the 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 [Cite as Kubik v. Ohio Dept. of Transp., Dist. 12, 2004-Ohio3753.] Entry cc: Rebecca Kubik 7510 Manhattan Avenue Parma, Ohio 44129 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 6/16 Filed 6/23/04 Sent to S.C. reporter 7/15/04 Plaintiff, Pro se Defendant

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