Nelson v. Dept. of Transp.

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[Cite as Nelson v. Dept. of Transp., 2006-Ohio-7128.] 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 RICHARD A. NELSON Plaintiff Case No. 2006-06272-AD Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL DEPT. OF TRANSPORTATION Defendant {¶1} On December 7, 2006, defendant filed a motion to dismiss, stating this claim was paid by The Shelly Company. On December 5, 2006, check no. 3469 in the amount of $1,435.83 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 the money received by plaintiff is a recovery from a collateral source. Accordingly, defendant s motion to dismiss is GRANTED and plaintiff s case is DISMISSED. The court shall absorb the court costs for this claim. 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 Nelson v. Dept. of Transp., 2006-Ohio-7128.] Entry cc: Richard A. Nelson 7446 W. Cross Creek Trail Brecksville, Ohio 44141 Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 12/15 Filed 12/20/06 Sent to S.C. reporter 2/1/07

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