Porter v. Ohio Dept. of Transp.

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[Cite as Porter v. Ohio Dept. of Transp., 2004-Ohio-7321.] IN THE COURT OF CLAIMS OF OHIO SHERRY PORTER : Plaintiff : v. : CASE NO. 2004-09215-AD : ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 10 : Defendant : : : : : : : : : : : : : : : : : {¶ 1} On December 1, 2004, defendant filed a motion to dismiss, stating this claim was paid by National Engineering & Contracting Co. On November 12, 2004, check no. 62628 in the amount of $540.00 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 of this case. 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 Case No. 2004-09215-AD -2- ENTRY Entry cc: Sherry Porter 3251 Avis Road Akron, Ohio 44312-3703 Plaintiff, Pro se Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 For Defendant DRB/laa 12/5 Filed 12/22/04 Sent to S.C. reporter 1/21/05

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