Bray v. Ohio Dept. of Transp.

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[Cite as Bray v. Ohio Dept. of Transp., 2006-Ohio-7174.] IN THE COURT OF CLAIMS OF OHIO MILLICENT A. BRAY : Plaintiff : v. : CASE NO. 2005-11001-AD DEPARTMENT OF TRANSPORTATION : ENTRY OF DISMISSAL Defendant : : : : : : : : : : : : : : : : : : {ΒΆ 1} On dismiss, February stating 3, the 2006, defendant plaintiff and The filed Shelly settled this matter in the amount of $246.27. 2006, defendant submitted a release signed a motion Company to had On February 15, by both parties. Plaintiff has not responded to defendant s motion to dismiss. R.C. 2743.02(D) in pertinent part states: the state proceeds, shall be reduced by disability award, or received by the claimant. the settlement is a the Recoveries against aggregate insurance collateral other of recovery Upon review, the court finds that 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 Case No. 2005-11001-AD -2- ENTRY 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 Entry cc: Millicent A. Bray 5942 Rd. 56 Huntsville, Ohio 43324 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 4/11 Filed 5/12/06 Sent to S.C. reporter 2/28/07

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