Sheets v. Ohio Dept. of Transp.

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[Cite as Sheets v. Ohio Dept. of Transp., 2006-Ohio-7282.] 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 RONALD A. SHEETS Plaintiff Case No. 2006-03648-AD Daniel R. Borchert Deputy Clerk v. ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION Defendant {¶ 1} On July 21, 2006, defendant filed a motion to dismiss, stating this claim was paid by The Shelly Company. On July 14, 2006, check no. 079068 in the amount of $1,579.63, 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: ARecoveries 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 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 Sheets v. Ohio Dept. of Transp., 2006-Ohio-7282.] Entry cc: Ronald A. Sheets 4929 Backworth Drive Grove City, Ohio 43123 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 9/8 Filed 9/19/06 Sent to S.C. reporter 6/5/07

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