Koska v. Ohio Dept. of Transp.

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[Cite as Koska v. Ohio Dept. of Transp., 2006-Ohio-7157.] IN THE COURT OF CLAIMS OF OHIO GERALD L. KOSKA, JR. : Plaintiff : v. : CASE NO. 2005-10454-AD OHIO DEPARTMENT OF TRANSPORTATION : ENTRY OF DISMISSAL : Defendant : : : : : : : : : : : : : : : : : {ΒΆ 1} On January 27, 2006, defendant filed a motion to dismiss, stating this claim was paid by United Rental Highway Technologies, Inc. On January 11, 2006, check no. 5000109829 in the amount of $695.00, was sent to plaintiff as a full and final release of the claim against defendant. Plaintiff responded to defendant s motion to dismiss. pertinent part states: reduced by the has not R.C. 2743.02(D) in Recoveries against the state shall be 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. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. Case No. 2005-10454-AD -2- ENTRY _____________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Gerald L. Koska, Jr. 5297 Marietta Avenue P.O. Box 252 Buchtel, Ohio 45716 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 3/30 Filed 4/5/06 Sent to S.C. reporter 5/4/06

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