Yates v. Ohio Dept. of Transp., Dist. 12
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[Cite as Yates v. Ohio Dept. of Transp., Dist. 12, 2007-Ohio-650.] 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 SEAN C. YATES Plaintiff Case No. 2006-05454-AD Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 12 Defendant {ΒΆ1} On December 7, 2006, defendant filed a motion to dismiss, stating this claim was paid by Kenmore Construction. On November 29, 2006, plaintiff signed a full and final release of the claim against defendant in consideration for $698.34. 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 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 CC: Sean C. Yates 1624 Compton Road Cleveland Heights, Ohio 44118 [Cite as Yates v. Ohio Dept. of Transp., Dist. 12, 2007-Ohio-650.] Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 Filed 1/12/07 Sent to S.C. reporter 2/15/07
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